STATE OF CHHATTISGARH Vs. VASUDEO USENDI

JUDGEMENT

(1.) This appeal has been preferred by the appellant/State under Sec. 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Cr.P.C.'), questioning the legality and propriety of the judgment dtd. 28/1/2022 passed by the Additional Sessions Judge, F.T.S.C. (POCSO), Rajnandgaon (C.G.) in Special Criminal (POCSO) Case No.12/2021, whereby, the respondent- Vasudeo Usendi has been acquitted with regard to the offence punishable under Ss. 451, 354, 506 Part-II, 323(3 times) of IPC read with Sec. 7/8 of the Protection of Children from Sexual Offences Act, 2012.

(2.) It is alleged by the prosecution that on 2/1/2021 around 7.30 pm at village- Dumartola, Police Station- Mohla of District Rajnandgaon, the respondent- Vasudeo Usendi entered illegally the house of the prosecutrix when she was cooking and tried to outrage her modesty and assaulted her and, alleged further that when her mother, brother and aunt tried to intervene the matter, the respondent assaulted them also and threatened her to kill. On account of the alleged incident, she was examined medically by Dr. Varsha Thakur (PW-4), while her mother and aunt were examined by Dr. Seema Thakur (PW-5) and, after recording the statement of the prosecutrix under Sec. 164 Cr.P.C. and, that by completing the usual investigation, the charge-sheet was submitted before the concerned trial Court, where, the charge has been framed as mentioned herein-above, which was denied by him and claimed to be tried.

(3.) The trial Court, after considering the evidence led by the prosecution, arrived at a conclusion that since there are material disparities in the statements of the prosecutrix and her relatives, therefore, it cannot be said that the alleged incident was occurred on the said fateful day, as was alleged by the prosecutrix in her report (Ex.P-1) and, accordingly, the respondent has been acquitted with regard to the alleged offence mentioned herein-above and, being aggrieved, the instant appeal has been preferred.