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2022 Supreme(Chh) 424

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Sanjay K. Agrawal, Sachin Singh Rajput, JJ.
Bhinsent Toppo, S/o Devnes Toppo - Appellant
Versus
State of Chhattisgarh, Through Station House Officer - Respondent
Criminal Appeal No.373 of 2015
Decided On : 11-10-2022

Advocates:
Advocate Appeared:
For the Appellant :Mr. Surendra Singh, Senior Advocate with Mr. Neeraj Mehta, Advocate.
For the Respondent:Mr. Sudeep Verma, Deputy Govt. Advocate.

Headnote:

Indian Penal Code,1860 - Sections 342, 506 Part-II, 376(2)(f) & 354A - Protection of Children from Sexual Offences Act, 2012 - Sections 5(f)/5(m) read with 6 & 9(f)/9(m) read with 10 - Criminal Procedure Code,1973 - Section 374(2) - Offence of Rape - Criminal intimidation – Charged – Appeal against conviction - Appellant herein called victim No.1 (PW-2), victim No.2 (PW-4), victim No.3 (PW-5) & victim No.4 (PW-6) to his chamber in school and wrongly confined them and threatened them to kill them and committed sexual assault/penetrative sexual assault/aggravated penetrative sexual assault upon them and thereby committed aforesaid offences - It is admitted position on record that victims No.1 to 4 were students of Mission School at that point of time and the appellant was Father of said Mission School being head of institution - Further case of prosecution, in brief, is that (PW-1) – Father of victim No.1 lodged report in Police Station Darima that his daughter victim No.1 (PW-2), - Accused was arrested vide Ex.P-22 and on his production, his underwear was seized vide Ex.P-21 and he was medically examined - Whether rape victims are entitled for compensation as per Scheme of 2018 framed by State Government which came into force with effect from 2nd October, 2018 as per notification dated – Held, recommendation ought to have been made by Special Judge to DLSA or SLSA under Section 357A(2) of Code, but that has not been done despite clear cut mandate in that regard - Taking into consideration that the rape victims were minors aged about 5 to 6 years only on date of offence and they have been sexually assaulted when offence took place and they have suffered not only physically but mentally also, and considering gravity of offence and that they are required to be rehabilitated and further taking into consideration provisions contained in Scheme of 2018 and victims have been traumatized heavily, particularly taking into consideration their age i.e. approximately 5 to 6 years, each of victims are entitled for total compensation of Rs.7 lakhs under Scheme of 2018 and not under Scheme of 2011 - District Magistrate, Surguja at Ambikapur shall deposit the above-stated amount before concerned Special Court within 30 days from today - Concerned Special Judge shall disburse said amount to the victims in accordance with directions given by Supreme Court in matter of General Manager, Kerala State Road Transport Corporation, Trivandrum v. Mrs. Susamma Thomas and others, AIR 1994 SC 1631 (paragraph 17) read with paragraph 12 in Nipun Saxena (supra) - Criminal appeal is dismissed.

JUDGMENT :

Sanjay K. Agrawal, J.

1. By way of this criminal appeal preferred by the appellant herein under Section 374(2) of the CrPC, the appellant has called in question legality, validity and correctness of the impugned judgment of conviction and order of sentence dated 21-1-2015 passed by the Additional Sessions Judge (FTC), Surguja (Ambikapur), in Sessions Trial No.143/2013, whereby the appellant has been convicted and sentenced as under: -

Conviction

Sentences

Section 342 of the IPC

Rigorous imprisonment for one year and fine of Rs. 1,000/-, in default, additional rigorous imprisonment for one month

Section 506 Part-II of the IPC

Rigorous imprisonment for two years and fine of Rs.1,000/-, in default, additional rigorous imprisonment for one month

Section 376(2)(f) of the IPC

Imprisonment for life and fine of Rs. 1,000/-, in default, additional rigorous imprisonment for one month

Section 354A of the IPC

Rigorous imprisonment for three years and fine of Rs. 1,000/-, in default, additional rigorous imprisonment for one month

Section 5(f)/5(m) read with Section 6 of the POCSO Act

Imprisonment for life and fine of Rs. 1,000/-, in default, additional rigorous imprisonment for one month

Section 9(f)/9(m) read with Section 10 of the POCSO Act

Rigorous imprisonment for seven years and fine of Rs. 1,000/-, in default, additional rigorous imprisonment for one month

(All sentences were directed to run concurrently)

 

2. Case of the prosecution, in brief, is that prior to 3-4 days of 19-2- 2013 at 11.30 a.m., at Village Kalyanpur, Mission School, Police Station Darima, the appellant herein called victim No.1 (PW-2), victim No.2 (PW-4), victim No.3 (PW-5) & victim No.4 (PW-6) to his chamber in the school and wrongly confined them and threatened them to kill them and committed sexual assault/penetrative sexual assault/aggravated penetrative sexual assault upon them and thereby committed the aforesaid offences. It is admitted position on record that victims No.1 to 4 were students of the Mission School at that point of time and the appellant was Father of the said Mission School being head of the institution. Further case of the prosecution, in brief, is that on 19-2-2013, Manglu Toppo (PW-1) – father of victim No.1 lodged report in Police Station Darima that his daughter victim No.1 (PW-2), aged about 5 years; his grand-daughter victim No.2 (PW-4), aged about 8 years; Vritlal Lakra’s daughter victim No.3 (PW-5), aged about 6 years; and his neighbour Janbir Bada’s daughter victim No.4 (PW-6), aged about 6 years, were studying in the Mission School, Kalyanpur in Class-II; on 18-2-2013 at 5 O’ clock in the evening, his daughter victim No.1 (PW-2) and his grand-daughter victim No.2 (PW-4) informed him that four days prior to the date of lodging FIR, the appellant herein called them and given them chocolates & sweets and taken them to his room and after undressing them, touched their private parts and threatened them to kill them, and similar fact was stated by victim No.3 (PW-5) & victim No.4 (PW-6) which was verified and thereafter, report was registered to the police station on 19-2-2013 vide Ex.P-1. Spot map was prepared vide Ex.P-6. Victims No.1, 2, 3 & 4 were sent for medical examination and permission was obtained from the Sub-Divisional Magistrate, Ambikapur vide Ex.P-26, and consent of their parents was taken vide Exs.P-5, P-27 & P-28 and for examination of their private parts, they were referred to the District Hospital, Ambikapur. During the course of investigation, currency notes of denominations of Rs. 5, Rs. 10, one rupee coins and chocolates were seized from the spot vide Ex.P-2. Inner-wears of victim No.1 (PW-2), victim No.2 (PW-4), victim No.3 (PW-5) & victim No.4 (PW-6) were also seized vide respective seizure memos and the same were sent to the Dist

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