VAJIRNATH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal has been preferred against judgment of conviction and order of sentence dtd. 25/2/2017 passed by Additional Sessions Judge (FTC), Bastar at Jagdalpur in Session Trial No. 87/2016, whereby the learned Additional Sessions Judge after holding the appellant guilty convicted and sentenced him in the following manner with a direction to run the sentences concurrently:-

(2.) Brief facts of the case are that on 23/7/2012 at about 9.30 am the victim (PW-1), who was student of Class-VIII, had gone to school along with her cousin. Since the school was not opened, they were sitting behind the school. At that time, the appellant came there and after enticing the victim (PW-1), took her to his village on his motor cycle and on the way in the forest area, he sexually abused her on the pretext of marriage. Brother-in-law of the appellant brought back the victim to her house and thereafter the victim narrated the incident to her parents. On 25/7/2012 FIR (Ex-P/1) was lodged against the appellant. The victim was sent for medical examination. Her undergarments and marksheet were seized (Ex-P/3 and P/4). The doctor also collected her pubic hair and slides for examination which were seized by the police vide Ex-P/9 and sent for chemical examination. After completion of the investigation, charge sheet was filed in the court of Chief Judicial Magistrate, Jagdalpur who committed the same to the Court of Sessions, from where, it was received on transfer by the Additional Sessions Judge (FTC), Bastar at Jagdalpur, who conducted the trial.

(3.) The learned Additional Sessions Judge framed charges under Ss. 363, 366, 376 and 506 B of the IPC and after completion of the trial, acquitted the appellant under Sec. 506B IPC, while convicted him under the aforementioned Sec. of IPC, hence, this appeal.