DEEPAK KUMAR TIWARI,J. - (1.)By this Appeal under Sec. 374 (2) of the CrPC, the appellant herein calls in question the legality, validity and correctness of the impugned judgment dtd. 4/5/2016 passed by the Special Judge (POCSO Act, 2012), Kondagaon in Special Sessions Case No.46/2013 whereby the appellant has been convicted and sentenced as under:-
(2.)Case of the prosecution, in brief, is that on 11/12/2012 around 8 pm when the prosecutrix (PW-5), aged about 14 years, went near the Badi for urination, the appellant pressed her mouth, threatened to kill her and took her forcibly to his uncle's house and gave her water mixed with some sedative and thereafter committed sexual intercourse. In the next day, during night, she somehow managed to flee and came to her mother's house and narrated the incident to her mother (PW-4), elder brother (PW-1) and maternal uncle (PW-2). Thereafter the FIR was lodged on 14/12/2012 at Police Station Kondagaon vide Ex.-P/ 7 and the reason for delay in lodging the report is mentioned as non-availability of any senior member in the family.
(3.)During investigation, the spot map (Ex.-P/9) was prepared by the ASI (PW-10) DS Nishad. The prosecutrix was medically examined vide Ex.-P/10 and undergarments of the prosecutrix were also examined vide Ex.-P/11. (PW-8) Smt. Anita Panna, Patwari, has prepared the spot map Ex.-P/12. The accused/appellant in the medical examination was found capable to perform sexual intercourse vide Ex.-P/13. The appellant's undergarments were also examined vide Ex.-P/14. Statements of the witnesses were recorded. In the FSL report vide Ex.- P/20, on undergarments of the accused/appellant and the prosecutrix as well as vaginal slides 'A', 'B','C', no stain of semen and human sperm was found.