GULAB RAI DAHARIA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal, preferred by the appellant under Sec. 415 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, is directed against the judgment of conviction and order of sentence dtd. 13/8/2025 passed by the learned Additional Sessions Judge, Second Fast Track Special Court (POCSO), Raipur, District Raipur (C.G.), in Special Criminal Case No.166/2021, whereby the appellant has been convicted for the offences punishable under Sec. 354 of the Indian Penal Code (in short, 'IPC') and Sec. 10 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'the Act, 2012'). However, in view of the provisions contained in Sec. 42 of the Act, 2012, the appellant stands convicted under Sec. 10 of the Act, 2012 and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.500.00, with a default stipulation of additional rigorous imprisonment for one month in case of non-payment of fine.

(2.) Case of the prosecution, in brief, is that on 10/7/2021, PW-3 mother of the victim, lodged a report at Police Station G.R.P., Raipur, stating that she was returning from Ambikapur to Raipur on 9/7/2021 along with her elder daughter, the victim aged about 11 years, and her maternal aunt. During the journey, at about 04:00 a.m., shortly before Usalapur Railway Station, a co-passenger/appellant sitting on Berth No. 23 allegedly caught hold of the hands of the victim and tried to pull her down from the seat with the intention to outrage her modesty. Thereafter, the matter was reported to the R.P.F. staff on duty, who caught the accused and brought him to Raipur. On the basis of the said report, First Information Report (Ex.P-7) was registered against the accused/appellant.

(3.) During the course of investigation, the spot map was prepared vide Ex.P-8, and the progress report card of the victim was seized vide Ex.P-4. The accused/appellant was taken into custody vide Ex.P-5. One mobile phone of Oppo Company belonging to the appellant was seized vide Ex.P-3, and the statements of the witnesses were recorded.