VIJAY DEWANGAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 15.1.2015 passed by the Additional Sessions Judge (FTC), Bilaspur in Special S.T. No.14/2013, convicting the appellant under Section 376(2)(i) of IPC read with Section 4 of Protection of Children from Sexual Offences Act, 2012 (in short "POCSO Act") and sentencing him to undergo imprisonment for life and pay a fine of Rs. 5000/- with default stipulation.

(2.) As per the prosecution case, on 20.6.2013 FIR (Ex.P/2) was lodged by PW-2 Smt. Durgarani Soni, mother of the minor prosecutrix (PW-10), alleging in it that the accused/appellant is her neighbour and her daughter/prosecutrix, aged about 6 years, quite often used to go to his house for playing. On 17.6.2013 she had gone to the house of the appellant and when she did not return she (this witness) went to the house of the appellant, upon opening the door of his house she found the appellant lying on bed covering himself with a gamchha and his private part was visible. She further states that next to the appellant, the prosecutrix was also lying on bed and she brought her back to him. However, on 19.6.2013 the prosecutrix complained of pain in her private part and when she saw her private part in torchlight, she noticed swelling, reddishness and hollowness there. On being enquired, the prosecutrix disclosed to her that the appellant had inserted his finger into her private part and thereafter also inserted his private part into that of her. Based on this FIR, offence under Section 376 of IPC read with Section 3(a)(b) of POCSO Act was registered against the appellant.

(3.) So as to hold the accused/appellant guilty, the prosecution examined 12 witnesses in all. Statement of the accused was also recorded under Section 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication.