STATE OF CHHATTISGARH Vs. SURENDRA PATEL

JUDGEMENT

(1.) Heard on admission.

(2.) This appeal under Sec. 378(1) of CrPC has been preferred against the judgment of acquittal dtd. 22/3/2022 passed by First FTSC (POCSO)/ Additional Sessions Judge, Bilaspur (CG) in Special Sessions Trial No.121/2020 whereby respondent Surendra Patel has been acquitted of the charges under Sec. 354, 354B, 506-II of IPC and Ss. 8, 12 of the Protection of Children from Sexual Offences Act, 2012.

(3.) The case of prosecution, in brief, is that due to illness of the victim/complainant, her elder brother brought a Baiga, the accused Surendra Patel from village Dhuma on 16/11/2020 to get her cured. The accused came around 08.30 pm and took the victim into a room on the pretext of exorcism and asked her brother and father to stay outside the room. The door of the room was open and the curtain was drawn. The accused made her sit on the floor and he himself sat in front of her. The accused gave the victim one or two grains of rice kept in his fist and asked her to swallow them. He asked her to come forward and made her lift her clothes till the waist and then opened the chain of her frock and tried to outrage her modesty by touching her body in an inappropriate manner. When the victim objected, the accused said that by doing so she would recover soon. The victim then tried to run away but the accused caught her hand and threatened to kill her if she told anyone. Then she came out of the room in fear and in the morning she informed her mother about the above incident. On the basis of written report Ex. P-1 made by the victim in Sirgitti Police Station, Bilaspur on 18/11/2020, FIR was registered against accused Surendra Patel. After completion of investigation, the respondent/accused was charge-sheeted for the offence under Ss. 354, 354B, 506-II of IPC and Ss. 8 and 12 of the POCSO Act.