RAJESH FATWANI ALIAS PURUSHWANI S/O NARAYANDAS Vs. STATE OF CHHATTISGARH THROUGH STATION HOUSE OFFICER

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 16.12.2014 passed by Additional Sessions Judge/Special Judge (POCSO Act) Balodabazar, in special Sessions Trial No. 01/2014 convicting the accused/appellant under Sections 376, 506-II IPC & Section 6 of the POCSO Act, and sentencing him to undergo imprisonment for life and pay fine of Rs. 5000/- under Section 6 of the POCSO Act and rigorous imprisonment for three years with fine of Rs. 1000/- under Section 506-II IPC, plus default stipulations.

(2.) Facts of the case in brief are that on 4.1.2014 FIR (Ex. P- 3) was lodged by the prosecutrix (PW-2) aged about 16 years at the relevant time to the effect that the accused/appellant who happens to be her step father was having physical relations with her for last two years therefrom. FIR further says that all the time the accused/appellant used to threaten her for not disclosing to anyone about the physical relations between the two or else he would make her drop from the school. According to the case of prosecution, In the intervening night of 2/3.1.2014 the mother of the prosecutrix namely Reshma Fatwani (PW-3) had also seen the accused/appellant having physical relations with her daughter (the prosecutrix herein) and also putting her under threat of being dropped out of the school in case she disclosed the incident to anyone. On seeing this, PW-3 immediately went to her sister Himani Herani (PW-1) and narranted the entire incident to her, and then the report was lodged. Based on this FIR, offence under Sections 376, 506 IPC and section 5 (l) (n) and 6 of the POCSO Act was registered against the accused/appellant. Prosecutrix was medically examined by Dr. Anita Verma (PW-4) who gave her report Ex. P-8 stating that she was habitual to sexual intercourse. Progress report of prosecutrix of class VIII was seized under Ex. P-1 where her date of birth is recorded as 4.11.1999 and according to it the age of the prosecutrix at the relevant time comes to about 15 years, and two years prior thereto since when the accused started making physical relations with her, it comes to about 13 years. As per the FSL report Ex.P-11 spermatozoa was found on the underwear of the prosecutrix, vaginal slides and underwear of the accused/appellant. After completion of investigation, police filed challan against the accused/appellant u/s 376, 506 IPC and section 5 (l) (n) and 6 of the POCSO Act followed by framing of charge by the Court below under Section 376, 506 (Part-II) IPC and section 6 of the POCSO Act.

(3.) In order to prove the complicity of the accused/appellant in the crime in question, the prosecution has examined 10 witnesses. Statement of the accused/appellant under Section 313 Cr.P.C. was also recorded in which he denied his guilt and pleaded innocence and false implication in the case.