HIRWER NAVRANG Vs. STATE OF C.G.

JUDGEMENT

(1.) Assailing the legality, validity, correctness of order and judgment dtd. 29/11/2022 passed by the Additional Sessions Judge, 2nd Fast Track Court Special Court, Bilaspur, District Bilaspur, Chhattisgarh, in Special Criminal Case (POCSO) No. 104/2021, the appellant has preferred this criminal appeal under Sec. 374(2) of the CrPC, by which he 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 on 27/7/2021, at about 3:00 pm at Khairha Bandhiya Plot, Out Post Junapara, Police Station Takhatpur, District Bilaspur, Chhattisgarh, the appellant committed aggravated sexual assault upon the minor victim (PW-2), aged about 8 years at the time of incident, and thereby committed the aforesaid offence.

(3.) It is further case of the prosecution is that on 27/7/2021, victim's mother (PW-4) made written complaint (Ex.P/6) to the police that on 27/7/2021 in the morning at about 8:00 am, her husband (PW-9) went to field and her two daughters had gone to school and her younger daughter-victim (PW-2), remained in the house with her. However, at about 10:00 am, the victim (PW-2) went to Khariha Bandhiya Plot to graze the cattle and at about 3:00 pm, when she (PW-4) went on the spot to take her daughter (PW-2), she (PW-2) informed her (PW-4) about the criminal act of the appellant, pursuant to which unnumbered FIR was registered vide Ex.P/5 and numbered FIR was registered vide Ex.P/15. Crime detail form and nazari naksha were prepared vide Exs.P/7 & P/11, respectively. As per dakhil khariz register (Article A), which was seized vide Ex.P/2, proved by Kishun Lal Khande (PW-1), date of birth of the victim (PW-2) is 1/1/2013. Wheels of investigation started running and the appellant was arrested.