JUDGMENT :

[Sanjay K. Agrawal, J.]

1. This criminal appeal preferred by the appellant-accused herein under Section 374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 03.03.2022, passed by the learned Additional Sessions Judge (FTSC), Rajnandgaon (Chhattisgarh) in Special Sessions (POCSO) Case No.08 of 2020 (State of Chhattisgarh vs. Kishan Lal @ Champa Yadav), whereby he has been convicted for offence under Section 376(3) of Indian Penal Code (IPC) and sentenced to undergo rigorous imprisonment for 20 years with fine of Rs.2,000/- and, in default of payment of fine, additional rigorous imprisonment for one year.

2. The case of the prosecution, in short, is that between 03.08.2018, at or about 04:00 AM in the morning, to 08.08.2018, at or about 01:00 AM in the night, in the house of the complainant, namely, Roman Lal Verma (PW-01), within the ambit of Police Station Ghumka, the accused-appellant herein abducted minor victim from lawful custody of her father on the pretext of doing marriage and, further on and before 09.08.2018, at Nagpur, committed sexual intercourse with the victim, aged about 15 years 01 month and 14 days, continuously, due to which she became pregnant and delivered a girl child (baby) and, thereby, committed offences under Sections 366, 376(2)(g) & 376(3) of IPC and also under Section 06 of the Protection of Children from Sexual Offences Act, 2012 (for short the “POCSO Act, 2012”).

3. The further case of the prosecution is that on 08.08.2018, father of the victim, namely, Roman Lal Verma (PW-01) appeared before the police of Police Station Ghumka and submitted a written complaint (Ex.P/01) alleging that on 03.08.2018 the appellant abducted her minor daughter (victim) and, thereafter, on 04.08.2018, Roman Lal Verma (PW-01) alongwith co-villagers, namely, Janak and Narottam brought the victim (PW-02) alongwith the appellant back. Again, on 08.08.2018, at about 01:00 AM in the night, while Roman Lal Verma (PW-01) alongwith other family members were sleeping, his daughter (victim) went missing and upon inquiry he came to know that appellant is also missing from the said date and time. Pursuant to lodging of said report, FIR (Ex.P/02) under Sections 363 & 366 of IPC was registered against the appellant by the police. During the course of investigation, birth certificate of the victim (PW-02) was seized vide Ex.P/07. On 17.01.2020 at about 09:50 AM, the victim (PW-02) was recovered from the possession of the appellant vide recovery panchanam (Ex.P/14) and, on the same day, victim (PW-02) was sent for medical examination to the District Hospital, Rajnandgaon vide Ex.P/16, which was conducted by Dr. Sweta Kaumarya (PW-05). As per medical report of the victim (Ex.P/12), victim knew accused-appellant and having relationship with him from past 03-04 years. She on her own will and volition had gone to Nagpur with the appellant from 008.08.2018 till 15.01.2020 and, between said period, the appellant and the victim developed consensual sexual relationship with each other, due to which she became pregnant and having a baby girl of about 12 days.

4. Thereafter, spot map was prepared vide Ex.P/24 and statement of victim under Section 164 of CrPC was recorded vide Ex.P/18. On 21.01.2020, the victim (PW-12) was referred to radiologist for determination of her age, which was conducted Dr. C.N. Sidar (PW-03), who gave its report vide Ex.P/11 and as per x-ray of age verification report (Ex.P/11), the age of the victim is between 16 to 17 years. The accused-appellant was arrested vide Ex.P/19 and sent for medical examination vide Ex.P/13. On 12.02.2020, blood samples of the appellant, the victim and that of her baby girl were taken in sealed covered packet vide Ex.P/06 and by marking it as Article- 1, 2 & 3 respectively the same were handed over to the constable who brought the appellant and the victim alongwith her baby girl child. Thereafter, on the same day (i.e. on 12.02.2020),