STATE OF CHHATTISGARH Vs. AJAY TIRKEY

JUDGEMENT

(1.) The present acquittal appeal is filed against the judgment of acquittal dtd. 7/10/2017 passed by the learned Additional Sessions Judge, F.T.C., Surguja (Ambikapur) (C.G.) in Special Criminal Case (POCSO) No.50/2016, whereby learned trial Court has acquitted the accused/respondent from the charges under Ss. 366 and 376(2)(n) of the IPC and Sec. 5 (l) read with Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (for short 'the POCSO Act').

(2.) Prosecution story, in brief, is that on 06/06/2016, a written complaint was lodged by the complainant, Smt. Pushpa Tirkey (PW-5), mother of the victim at Police Station, Sitapur, alleging that her daughter/victim (PW-6) used to travel by "Bedi Bus" from Sitapur to Ambikapur for studies, and the accused worked as a conductor on the same bus. During their interactions, the accused allegedly allured her to marry and took her to his home. On 02/06/2016, the accused took the victim to Ambikapur Nawapara on his motorcycle and kept her there and committed repeated sexual intercourse with her.

(3.) Based on the written complaint, an FIR (Ex.P-9) bearing Crime No.80/2016 under Ss. 363 and 366(A) of the IPC was registered against the accused. After registering the offence, the police started the investigation. During the investigation, a spot map (Ex.P-2) was prepared based upon the victim's memorandum. On 06/07/2016, the victim was recovered from the accused's house in the presence of witnesses, and a panchanama was prepared. The victim's statement was recorded, and after obtaining her consent, she was sent for a medical examination. The clothes of the victim were seized and sent for chemical examination. The statements of the victim and other witnesses were recorded, and the accused was arrested. The accused was also examined by a doctor, and a report was obtained. During further investigation, on 13/07/2016, the Dakhil Kharij register of Govt. Girls Higher Secondary School, Batauli, was seized from the Principal of the school for ascertaining the age of the victim.