GOVIND KUMAR TANDON Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal has been preferred against judgment of conviction and order of sentence dtd. 15/6/2022 passed by the Upper Sessions Judge, Fast Track Special Court (Protection of Children from Sexual Offences Act, 2012) Manendragarh, District Koriya (henceforth referred to as 'Special Court') in Special Criminal Case No.18/2019, whereby learned Special Judge, after holding the appellant/accused guilty, convicted and sentenced him in the following manner :-

(2.) The case of the prosecution, in brief, is that, on 8/4/2017, grandmother of a minor victim made written complaint (Ex. P-3) to Police Station Chirmiri, District Koriya to the effect that, appellant /accused abducted her minor grand-daughter, aged about 16 years by alluring her, based on which, FIR (Ex. P-4) was registered in Police Station Chirmiri against appellant for the offence punishable under Ss. 363 and 366 of the IPC. Victim was recovered at the instance of appellant from the house of his Badi Amma namely; Smt. Amba (PW-4), situated at village Kutrabod, Pamgarh vide recovery memo (Ex. P-9). Statement of the victim was recorded, in which, she revealed that the appellant took her on motor cycle along with co-accused Avinash alias Golu to Pathalgaon where they resided for about 7-8 days, as the appellant and victim liked each other since about 2-3 years. Thereafter, the appellant took her to village Nariyara where he also kept her for about 7-8 days, and thereafter, they went to Pamgarh and stayed there in the house of relative of the appellant. She further stated that in aforesaid period, the appellant made physical relation with her. During investigation, spot map (Ex. P-5) was prepared by Patwari. Birth certificate (Ex. P-29) of victim was seized from mother of the victim by police. Vide seizure memo (Ex. P-10), one motor cycle and one mobile were seized from the appellant. Photocopy of Dakhil Kharij register (Ex. P-11C) pertaining to the victim was seized from Sunil James Jay (PW-7), Clerk of DAV Public School. Underwear (panty) of the victim was seized from her vide seizure memo (Ex. P-1). Underwear of the appellant and his semen slide were seized vide seizure memo (Ex. P-19). The victim was medically examined by Dr. Ayushi Rai (PW-12), in which, vide MLC report (Ex. P-28), she opined that, she did not find any external or internal injury on the person of victim. She prepared two vaginal slides of the victim for medical examination and handed over the same to the concerned Constable. The appellant/accused was also medically examined by Dr. P.K. Rohan (PW-14), who opined vide MLC report (Ex. P-18) that the report of appellant is positive. Statements of the other witnesses under Sec. 161 of the Cr.P.C. were also recorded. The appellant / accused and co- accused were arrested. The seized articles, i.e., vaginal slides and underwear of the victim as well as semen slides and underwear of the appellant were sent for chemical examination. Vide FSL report Ex. P- 26, it was reported positive. After completion of investigation, a charge- sheet under Ss. 363, 366, 376, 368 of the IPC and Sec. 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (henceforth referred to as 'the POCSO Act') was filed by police before the concerned Court against appellant / accused and co-accused Avinash alias Golu.

(3.) First Upper Sessions Judge, Manendragarh, Distt. Koriya framed Charges under Ss. 363, 366, 376(2)(N), 506 part-II of the IPC and Ss. 4, 6 & 10 of the POCSO Act against the appellant/accused. Charges under Sec. 363, 366, 366-A and 368 of the IPC were framed against the co-accused Avinash @ Golu. Both the accused abjured their guilt and claimed trial.