AFR HIGH COURT OF CHHATTISGARH, BILASPUR JUDGMENT RESERVED ON 05.02.2024 JUDGMENT DELIVERED ON 09.04.2024 CRA No. 1188 of 2022 • Lalchand Rohra S/o Shri Jhethamal Rohra Aged About 40 Years R/o Surya Vihar, Phase - 2, Yadunandan Nagar Tifra, Police Station - Sirgitti, District : Bilaspur, Chhattisgarh ---- Appellant Versus • State Of Chhattisgarh Through Police Station - Sirgitti, District :

Bilaspur, Chhattisgarh ---- Respondent For Appellant : Ms. Mamta Jaiswal, Advocate For Respondent /State : Mr. Sangharsh Pandey, Govt. Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma, Judge

CAV JUDGMENT

Per Arvind Kumar Verma, J.

This appeal is directed against the impugned judgment of conviction and order of sentence dated 23.06.2022 passed by the learned First FTSC (POCSO) Additional Sessions Judge, Bilaspur in Special Sessions Case No. 15/2021 whereby the appellant has been held guilty for commission of the offence under Section and sentenced as described below :

2. Prosecution case in brief is that the complainant, a resident of Sirgitti, Bilaspur lodged the FIR alleged that she works as a maid and resides in Sirgitti, District Bilaspur. It is further alleged that the victim resides with her father/appellant and his wife has died. The appellant used to consume liquor and thereafter ravish her minor daughter by touching her private part and also sexually exploited her even after her repeated protests. On 28.01.2021, at about 1.00 pm. he was persuading her daughter for the heinous crime and the victim was trying to run away from there but he caught her tightly which was seen by the people of the nearby vicinity. Thereafter, the appellant left the victim and went to consume liquor. The victim came out in fear and then the women of the neighborhood including the complainant have asked her to inform whether her father was committing maar peeth with her and then on the same day at about 11.00 p.m., again the appellant tried to ravish his daughter and then she came to her and narrated about it to the complainant and the women of the neighborhood that her father was doing the diabolical act and it was not committed once but he subjected his own minor daughter to repeated acts of rape since three years after getting intoxicated. It is further alleged that the victim was sent to the house of her aunt (Badi Maa) and the next morning, she was again left in the house of the appellant by her aunt (Badi Maa), the victim was annoyed and thereafter the Lady Protection Team was informed about the incident and on the oral testimony of the victim against the appellant, Crime No. 59./2021 was registered under Sections 376(2)(F), 376(2)(n), and 323 IPC and Section 6 of the POCSO and FIR Ex.P-15 was registered against the appellant.

3. During investigation, on 29.01.2021, statement of the victim and her aunt (Badi Maa) was recorded vide Ex.P-11 and P-22. After taking consent from her aunt (Badi Maa) vide Ex.P-21 she was medically examined at District Hospital, Bilaspur and the report is Ex.P-12. One knife was seized from the possession of the appellant before the witnesses and seizure memo was prepared vide Ex.P-7. Arrest memo was prepared vide Ex.P-16 and appellant was arrested after informing the family members vide Ex.P-17. Memo Ex.P-19 was prepared and the victim was sent in the custody of Child Welfare Committee, Bilaspur. On 30.01.2021, spot map was prepared by Tahsildar vide Ex.P-13. Statement of the victim under Section 164 Cr.P.C. was recorded vide Ex.