IMPORTANT POINT
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.

JUDGMENT :

Bibhu Datta Guru, J.

Heard Mr. M.P.S. Bhatia, Advocate appearing for the appellant in CRA No.631/2021 and Mr. Faiz Kazi, Advocate appearing for the appellant in CRA No.749/2021. Also heard Mr. R.S. Marhas, Additional Advocate General for the respondent/State.

This criminal appeal filed by the appellant under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) is directed against the impugned judgment of conviction and order of sentence dated 08.04.2021, passed by the learned Special Additional Sessions Judge, Pendra Road, District: Bilaspur (C.G.) in Special Sessions Case No.03/2020, whereby the appellants/accused have been convicted for the offence and sentenced as under:-

1. The prosecution story, in brief, is that on 01.12.2019, the victim prosecutrix(PW-2) had gone to Banjhorka near Tikri Nala for grazing the cow. At that time, the appellants came to prosecutrix and forced to lay down on the ground. Thereafter, they committed physical sexual intercourse with her and on being objected by the prosecutrix, the appellants abused and beat her mercilessly. On hearing the voice of prosecutrix, sister of maternal grandmother-Shyam Bai (PW-3) came to spot and rescue her from the appellants, thereafter, the appellants fled away from the spot. Consequently, her sister brought the prosecutrix at home, where the prosecutrix narrated the whole incident to her mother(PW-1) and thereafter, on the basis of complaint made by her mother, an FIR(Ex-P/1) has been registered against the appellants for the offence under Section 323/34, 376(D) of the IPC and Section 5(G) & 6 of the POCSO Act. Dakhil-Kharij register of the prosecutrix was seized vide Ex.P-18/C, in which, date of birth of prosecutrix is mentioned as 05.07.2003. Clothes of the victim/prosecutrix and appellants, vaginal slides were sent for chemical examination to FSL and in FSL report vide Ex.P/13, human sperm were found on the vaginal slide and undergarment of the victim. After due investigation, the appellant was arrested vide Ex.P/24 & 25. After completion of investigation, the charge-sheet was filed before the learned Additional Sessions Judge, Pendra Road, District: Bilaspur Chhattisgarh for trial in accordance with law.

2. The trial court has framed charges against the appellants for the aforementioned offence and the appellants abjured their guilt and pleaded innocence.

3. In order to establish the charge against the appellants, the prosecution examined as many as 22 witnesses and exhibited 36 documents. The statement of the appellants under Section 313 of Cr.P.C. was also recorded in which they denied the material appearing against them and stated that they are innocent and they have been falsely implicated in the case. After appreciation of evidence available on record, the learned trial Court has convicted the accused/appellants and sentenced them as mentioned in para 1 of the judgment. Hence, this appeal.

4. Learned counsel for both the appellants submit that there is no eye witness in the case and they have falsely implicated in the present case. They further submitted that the impugned judgment and finding of the learned trial Court are illegal, erroneous and contrary to the provisions of the law. It is further submitted that the entire evidence of the prosecution is full of contradiction and omissions. Even the age of the victim has not been proved by the prosecution as per law. They further submitted that the prosecution has failed to