SUSHANT NAYAK Vs. STATE OF C.G.

JUDGEMENT

(1.) Invoking the criminal appellate jurisdiction of this Court under Sec. 374(2) of the CrPC, the sole appellant herein has preferred this appeal calling in question legality, validity and correctness of the impugned judgment & order dtd. 26/4/2019 passed by the 2nd Additional Sessions Judge, Korba in Sessions Trial No.84/2017, by which he has been convicted for offences under Ss. 376(2)(n) of the IPC & 67 of the Information Technology Act, 2000 (for short, 'the IT Act') and sentenced to undergo imprisonment for life & pay a fine of 1,000/-, in default of payment of fine to further undergo additional rigorous imprisonment for two months and rigorous imprisonment for four years & fine of 1,000/-, in default of payment of fine to further undergo additional rigorous imprisonment for two months, respectively, with a direction that both the sentences will run concurrently.

(2.) Case of the prosecution, in short, is that approximately one year prior to 20/6/2017, the appellant committed multiple sexual assaults against the major victim (PW-3) in his house and at other places and threatened to viral her objectionable photographs, and thereby committed the offence. Written report was lodged by the victim (PW-3) vide Ex.P-3. Dehati FIR was lodged at the instance of the victim vide Ex.P-4 and regular FIR was registered vide Ex.P-22. A mobile phone having objectionable content was seized from the victim vide seizure memo Ex.P-6. Pen-drive and CD containing objectionable photographs were seized vide Ex.P-9. MLC of the victim (PW-3) was conducted by Dr. Kiran Sonkar (PW-5) vide Ex.P- 10 who opined that no definite opinion about the sexual intercourse can be given. Objectionable contents were viewed and panchnama was prepared vide Ex.P-13. A mobile phone containing objectionable photographs was seized at the instance of the accused/appellant vide Ex.P-14. Crime details form Ex.P-24 was prepared by the Investigating Officer and spot map Ex.P-8 was prepared by the Patwari.

(3.) Statements of the witnesses were recorded under Sec. 161 of the CrPC. After usual investigation, the accused/appellant was charge- sheeted for offences under Ss. 376(2)(n), 384 of the IPC & 67 of the IT Act and charge-sheet was filed before the jurisdictional criminal court and the case was committed to the Court of Sessions, Korba from where the learned 2nd Additional Sessions Judge, Korba received the case on transfer for trial.