TULARAM YADAV @ GOLU YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 16.1.2015 passed by the Additional Sessions Judge (FTC) Bilaspur in Special Sessions Case No.94/2014 whereby the learned Additional Sessions Judge has convicted the accused/appellant for the offences punishable under Sections 376 (2) (i) & 354 of the Indian Penal Code (henceforth 'the IPC') and Sections 4 & 8 of the Protection of Children from Sexual Offences Act, 2012 (for short 'the Act of 2012") and sentenced him to undergo RI for 5 years & fine of Rs. 500/-; RI for Life & fine of Rs. 1,000/- and RI for 5 years & fine of Rs. 500/-, with usual default clauses, respectively. Needless to mention here that in the light of Section 42 of the Act of 2012, the trial Court found it appropriate to sentence the appellant only under Section 4 of the Act of 2012 and accordingly imposed the sentence as aforesaid.

(2.) In the present case victim (PW-3) is an infant girl aged around seven years.

(3.) Facts of the case, in brief, are that on 24.2.2014 at 7.30 p.m. the accused/appellant took the victim girl in his house, made her lie on the cot, asked her to open her mouth and then he inserted his male organ into her mouth. When the victim girl started crying, the accused/appellant dropped her on the road. The victim narrated the entire incident to PW-3 who in turn informed PW-1, mother of the victim, and thereafter FIR (Ex.P-1) was lodged at her instance on 24.2.2014 at 10 in the night against the accused/appellant for the offence punishable under Section 354B of IPC and Sections 7 & 8 of the Act of 2012. After completion of investigation, charge sheet was filed against the accused/appellants and accordingly, the charges under the aforesaid sections were framed against him by the trial Judge. However, on 20.6.2014 the charges were amended and the accused/appellant has been charged with the offence punishable under Sections 354, 376 (2) (i) of IPC and Section 6 & 10 of the Act of 2012.