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IN THE HIGH COURT OF CHHATTISGARH, BILASPUR
Ramesh Sinha, CJ., Sachin Singh Rajput, J.
Deepak Marawi @ Kallu S/o Amar Singh Marawi - Appellant
Vs.
State of Chhattisgarh Through District Magistrate Kota, District Bilaspur (CG) - Respondent
CRA No. 250 of 2022
Decided On : 16-04-2024
Conviction - Abduction and Sexual Offences - Indian Penal Code, Section 363, Section 366A, Prevention of Children from Sexual Offences Act, 2012, Section 5(l)/6
Fact of the Case:
The appellant was convicted and sentenced for abduction and sexual offences against a minor girl. The prosecutrix alleged that the appellant forcefully took her to his house, committed sexual intercourse, and left her near her school. The prosecution presented evidence including the victim's statement, medical examination, and FSL report to establish the appellant's guilt.
Finding of the Court:
The court found that the prosecution successfully proved the appellant's guilt beyond reasonable doubt. The court relied on the victim's consistent statement, medical evidence, and FSL report to conclude that the appellant abducted and sexually assaulted the minor girl.
Issues: The main issue was whether the appellant was guilty of abduction and sexual offences against a minor girl, and whether the evidence presented by the prosecution was sufficient to establish his guilt.
Ratio Decidendi: The court emphasized the admissibility of the school register to determine the age of the prosecutrix and relied on the victim's testimony as a competent witness. The court also highlighted the stringent provisions of the POCSO Act, which mandate minimum sentences for offences against children.
Final Decision: The court upheld the appellant's conviction and sentence, dismissing the appeal and ordering the appellant to serve the sentence in jail.
JUDGMENT ON BOARD :
Ramesh Sinha, CJ.
This appeal arises out of the judgment of conviction and order of sentence dated 11.08.2021 passed by the Additional Sessions Judge/First FTSC (POCSO), Bilaspur in Special Sessions Case No.78/2020, whereby the appellant has been convicted and sentenced in the following manner :
| Sl. No. | Conviction | Sentence |
| 1. | Under Section 363 of the Indian Penal Code. | Rigorous Imprisonment for 5 years and fine of Rs.250/-, in default of payment of fine further rigorous imprisonment for 6 months. |
| 2. | Under Section 366A of the Indian Penal Code | Rigorous Imprisonment for 5 years and fine of Rs.250/-, in default of payment of fine further rigorous imprisonment for 6 months. |
| 3. | Under Section 5(l)/6 of the Prevention of Children from Sexual Offences Act, 2012 | Rigorous Imprisonment for 20 years and fine of Rs.500/-, in default of payment of fine further rigorous imprisonment for 3 years. |
2. The prosecution story, in brief, is that the prosecutrix has lodged report in Out Post Belgahna, District Bilaspur with an averment that she resided at the place of incident along with her parents and studied in class 9th. On 20.09.2020 about 9 P.M. she was standing near her house, then her neighbour Deepak Marawi came and holds her hand and be seated on motor-cycle and taken her to his house situated at village Karjiya and on 21.09.2021 at night accused Deepak Marawi on the pretext of marriage committed sexual intercourse on her and on 22.09.2021 taken her by motor- cycle and left her to Chaarpara, then she narrated the incident to her parents. Outpost Belgahna has forwarded the written report of the prosecutrix to the Station House Officer, Police Station Kota, whereby an offence under Sections 366, 366, 376 of the IPC and Section 6 of the POCSO Act has been registered against accused Deepak Marawi in Crime No.384/2020 vide Ex.P-5. Spot map was prepared by the investigating officer vide Ex.P-7. Statement of the prosecutrix was recorded under Section 164 CrPC before the Judicial Magistrate First Class, Kota vide Ex.P-8. Panchnama was prepared vide Ex.P-9. Patwari also prepared spot map vide Ex.P-10. Memorandum statement of the accused was recorded vide Ex.P-14. Honda CB Shine motorcycle and underwear of the appellant were seized vide Ex.P-15. The prosecutrix was sent for medical examination to Community Health Center, Kota where Dr.Renuka Samual (PW-8) examined her and found following injuries:-
ii. Abrasion on abdomen about 4cmx12cm oblique about 3-4 cm away medial to 1st abrasion colour brown scab over it.
iii. 2 scratches brown colour parallel to each 1st 2 cm 2nd is about 4 cm long in upper 1/3 of left low limb lateral aspect.
iv. 2 scratches brown colour parallel to each oblique in direction on left low limb in low 1/3 parts 1st is about 2 cm 2nd is 1 cm long.
v. Multiple scratches in transverse/oblique directions in right low limb in lateral aspect from below knee to above ankle.
vi. Multiple scratches in right low limb in med aspect in scattered about 10 cm area above ankle. All scratches 5 & 6 are of about 1-10 cm colour is brown dry. Axillary & public hair are well grown black free. There is no injury in private part. Menstrual blood flow is that from private part. Hymen old torned at 8 o'clock, 6 o'clock & 3 to 5 o'clock. No any injury inside private part. Menstrual flow is coming from cervix. 2 vaginal slides made from post fx for FSL examination. One navae blue colour new panty which is of Dixcy Josh brand 75 cm she weared during examination, waste length 09 inches verticle length 10 cm. Some staining is in about 9.5”x3.0” area packed sealed for FSL examination. She took bath after coming to parents, she stayed for 2 nights with Deepak Maravi.
3. Certified copy of dakhil-kharij register of the prosecutrix where her date birth has been
The judgment emphasizes the admissibility of school registers to determine the age of a minor, the reliability of the victim's testimony in sexual offence cases, and the mandatory minimum sentences u....
The prosecution must provide conclusive evidence of a victim's age and lack of consent in sexual assault cases; insufficient evidence leads to acquittal.
The court upheld the conviction of the appellants for sexual offences against a minor, emphasizing the credibility of the victim's testimony and corroborative evidence.
The prosecution must provide conclusive evidence of a victim's age in POCSO cases; reliance on school records alone is insufficient without corroborative proof.
Legally admissible evidence is crucial for establishing the age of a minor in cases under the POCSO Act. The court emphasized the need for concrete evidence to prove the age and consent of the victim....
Rule 12 is strictly applicable only to determine age of a child in conflict with law.
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