LANDA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This appeal U/s.415 of Bharatiya Nagarik Suraksha Sanhita, 2023 (in short, 'BNSS') is directed against the judgment dtd. 29/6/2024 passed by the learned Adhoc Addl. Sessions Judge-Fast Track Special Court, under POCSO Act, Puri in T.R. No. 01/32 of 2023/2020 convicting the appellant for offence U/S. 10 of Protection of Children from Sexual Offences Act, 2012 (in short, 'POCSO Act') and sentencing him to the punishment of Rigorous Imprisonment for five years and to pay a fine of Rs.5,000.00 in default whereof, to under RI for a further period of fifteen days.

(2.) The prosecution case in brief is that on 15. 02.2020 at about 12.30 PM in the afternoon, while the victim aged about five years was playing near a half constructed Kothaghar(house) in the village, the convict allured her to show 'Natia Video' in his mobile and got the child naked and inserted his finger in her vagina as well as kissed by biting her cheek. The convict further threatened the child victim with dire consequence in case she divulged the facts to others. On not finding the child-victim, her mother searched for her and saw the convict with the victim sitting on his lap by holding his penis. On seeing this, the mother of the victim, shouted, but subsequently the family members of the convict abused her in obscene language and threatened to kill her by showing weapons. On this incident, the mother of the victim lodged an FIR before the concerned IIC which came to be registered as concerned PS. Case No. 36 of 2020 paving the way for commencement of investigation which ultimately resulted in submission of charge sheet against the convict for commission of offence punishable U/Ss. 376AB/294/324/506/34 of IPC read with Sec. 6 of POCSO Act and against other five accused persons U/Ss. 352/294/506/34 of IPC, resulting in trial of the present case after denial of the convict and other co-accused persons to plead guilty to the charge for aforesaid offences.

(3.) In support of its case, the prosecution examined altogether 18 witnesses vide PWs 1 to 18, proved 16 documents under Ext.1 to 16 and identified one material object MOI as against no evidence whatsoever by the defence. Of the witnesses examined for the prosecution, apart from the victim and her parents, PWs. 12 and 17 are the two IOs, whereas PW18 is the Doctor who had examined the victim and rest are post-occurrence and seizure witnesses. The plea of the convict in the course of trial was one of complete denial and false implication.