SUNIL GIRI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and order of sentence, passed by the learned Additional Sessions Judge (F.T.C.), Korba, District Korba (C.G.) in Special Criminal Case No.12/2014 on 30.08.2014 convicting the appellant for the offence under Section 354(A) (1) of the Indian Penal Code and Section 10 of Protection of Child From Sexual Offences Act and sentencing him to under go R.I. for 2 years along with fine of Rs. 1000/- and R.I. for 5 years and fine of Rs. 2000/- with default stipulations respectively.

(2.) The case of prosecution in brief is this that the complainant Lilawati Giri (P.W.-3) was informed by her daughter Jyoti Giri (P.W.-4) that her husband, the appellant had outraged the modesty of younger daughter of the complainant, who is the victim (P.W.-2). The complainant enquired about the incident from the victim and then has lodged FIR (Ex.P-3) in the police station. After completion of the investigation, the charge-sheet was filed before the concerned Court.

(3.) Appellant was charged with offence under 354 (A) (1), 354(B) of the Indian Penal Code and Section 10 of Protection of Children from Sexual Offences Act. The appellant denied the charges and prayed for trial. The prosecution examined as many as 6 witnesses on its behalf. On examining the appellant under Section 313, he denied all the incriminating evidence against him and pleaded innocence and false implication. 3 witnesses were examined in defence. On completion of trial, impugned judgment has been delivered, in which the appellant stands convicted and sentenced as mentioned aforesaid.