LALESH @ LALA BARLE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Assailing the legality, validity, correctness of order and judgment dtd. 31/10/2022 passed by the Additional Sessions Judge, 1st Fast Track Court, Special Judge (POCSO Act), Durg, District Durg, Chhattisgarh, in Special Sessions Trial (POCSO) No. 60/2019, the appellant has preferred this criminal appeal under Sec. 374(2) of the CrPC, by which the appellant herein has been convicted and sentenced as under:-

(2.) The case of the prosecution as projected by the prosecution and accepted by the trial Court is that the appellant abducted the minor victim (PW-1) from the lawful guardianship of her parents and committed the intercourse with the victim on 25/3/2019 against her wishes and thereby committed the aforesaid offence.

(3.) It is further case of the prosecution that on 25/3/2019 mother of the victim (PW-2) reported the matter to the police that on 25/3/2019 when she (PW-2) and her husband (PW-3) had gone for work, her daughter (victim) and victim's cousin sister were at home. At about 4:00 pm, when she (PW-2) and her husband (PW-3) came to home, victim's cousin sister informed them that the appellant had taken the victim with himself. They (PW-2 and PW-3) were trying to call her, but it could not be connected as the mobile phone of the victim was switched off pursuant to which FIR was registered against the appellant for offence under Sec. 363 of the IPC. After recovery of minor victim (Ex.P/1) she (PW-1) has stated that the appellant told her to come with him to search his wife which she refused and then the appellant threatened her and cut his hand by blade and snatched her mobile and took her with him forcefully. The appellant firstly took her (PW-1) at village Birejhar, thereafter, Chingari and lastly Pauwara where the appellant committed sexual intercourse with her by threatening her to kill. On the basis of the said statement of the victim, offence under Ss. 366 & 376 of the IPC and Ss. 3, 4 of the POCSO Act (for short "the Act") were inserted.