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2023 Supreme(Chh) 258

GOUTAM BHADURI, SANJAY S. AGRAWAL
Shankar Baghel S/o Dukharam Baghel – Appellant
Versus
State Of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Rahul Mishra, Advocate
For the Respondent: Mr. Arijit Tiwari, Panel Lawyer

JUDGMENT :

Goutam Bhaduri, J .

1. The present appeal is against the judgment of conviction and order of sentence dated 25-9-2021 passed by the Additional Sessions Judge (FTC)/Special Court (POCSO Act), Bastar at Jagdalpur, in Spl.Cr. (POCSO) Case No.26/2019 whereby the trial Court sentenced the accused to undergo RI for 20 years and fine of ? 2,000/- for the offence under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘the POCSO Act’). The trial Court also imposed default sentence in case of failure to pay the fine.

2. Filtering the unnecessary details, the prosecution case is that on 5-5-2019 the mother (not examined, as she died during pendency of trial) of the victim made a report at Police Station Bodhghat that her daughter/victim namely; L (PW-9) has left the house and she received an information from the Jagdalpur Child Home that her daughter is at Jagdalpur. When she went to Jagdalpur, then the victim disclosed that she met with the accused at Jagdalpur Railway Station wherefrom she was taken to his house and after keeping her in captivity, forceful sexual intercourse was done. Statement of the prosecutrix was recorded under Sections 161 & 164

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