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2024 Supreme(Online)(Chh) 17525
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
VISHNURAM KOMRE – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
CRA/59/2022
2024:CGHC:32494-DB Digitally signed by NAFR RAHUL RAHUL JHA JHA Date:
HIGH COURT OF CHHATTISGARH AT BILASPUR
2024.09.09
12:14:14 +0530 CRA No. 59 of 2022 • Vishnuram Komre S/o Shri Gaindram Komre, Aged About 24 Years R/o Ward No. 7, Serpar, Police Station Manpur, District Rajnandgaon (Chhattisgarh), District : Rajnandgaon, Chhattisgarh ... Appellant versus • State Of Chhattisgarh Through Station House Officer, Police Station Mohla, District Rajnandgaon Chhattisgarh, District :
Rajnandgaon, Chhattisgarh . Respondent For Appellant : Mrs. Nirupama Bajpai, Advocate For Respondent : Mr. Sakib Ahmed, P.L.
Hon'ble Shri Ramesh Sinha, Chief Justice and Hon'ble Shri Bibhu Datta Guru , Judge
Order on Board
Per Bibhu Datta Guru, J.
27/08/2024
1. This appeal is directed against the judgment of conviction and sentence dated 02/12/2021 passed by learned Additional Sessions Judge/ Fast Track Special Court, (POCSO) Rajnandgaon, District Rajnandgaon C.G. in Session Criminal (POCSO) Case No. 22/2019 whereby the appellant has been convicted and sentenced as under:
Conviction
Sentenced
Under Section 363 of Indian Penal Code
Rigorous Imprisonment for 07 years and fine of Rs. 500/- in default of pay- ment of fine additional R.I. for 06 month.
Under Section 366 of Indian Penal Code
Rigorous Imprisonment for 10 years and fine of Rs. 500/- in default of pay- ment of fine additional R.I. for 06 month.
Under Section 376(2) (n) of Indian Penal Code
Life imprisonment till natural death and fined of Rs. 500/- in default of payment of fine amount 06 months additional R.I.
Under Section 376(3) of Indian Penal Code
Life imprisonment till natural death and fined of Rs. 500/- in default of payment of fine amount 06 months additional R.I.
Under Section 6 of POCSO Act, 2012
Life imprisonment and fine of Rs. 500/- in default of payment of fine amount 06 months additional R.I.
All sentences were directed to run concurrently
2. Facts of the case is that on 27/03/2019 Complainant- father of the prosecutrix has lodged a missing report before the police station Mohla on which the police has registered Crime No. 44/2019 for the offence Under Section 363 of I.P.C. against unknown persons. Thereafter, Spot Map (Ex.P/5) was prepared and mark-sheet of Class-V of the Victim was seized. After the recovery of the prosecutrix, she was sent for medical examination and her underwear was seized. Statement of the Victim under Section 164 of the Cr.P.C. was recorded. Subsequently, the appellant was arrested and his medical examination was conducted. The underwear of the appellant was seized. Statement of the witnesses were recorded. The seized articles were sent for FSL examination.
3. After completion of investigation, the police has prepared a charge-sheet for the offence u/s 363, 366 & 376 of I.P.C. and sections 4, 6 & 9(L) of the Protection of Children from Sexual Offences Act.
4. The learned trial Court has framed the charges under Sections
363, 366, 376 (3) and 376 (2) (n) of Indian Penal Code and section 5 read with Section 6 of the Protection of Children from Sexual Offences Act.
5. In order to prove its case, the prosecution has examined as many as 8 prosecution witnesses and exhibited 28 documents. Statement of the appellant under Section 313 of the Cr.P.C was recorded, wherein he has pleaded his innocence and false implication in the matter.
6. After appreciation of oral as well as documentary evidence produced by the prosecution, the learned trial Court has convicted the appellant and sentenced him as mentioned in opening paragraph of this judgment. Hence this appeal.
7. Learned counsel for the appellant would submit that the prosecution has failed to prove its case beyond reasonable doubt. There is material omissions and contradictions in the evidence of prosecution witnesses. There is no legally admissible evidence with respect to the age and date of birth of the prosec
