(Cause-title taken from Case Information System)

Judgment on Board

Per Ramesh Sinha, Chief Justice

1. Heard Mr. Rohit Sharma, learned counsel for the appellants in CRA No. 157 of 2024, and Mr. Samir Singh, learned counsel for the appellant in CRA No. 1919 of 2023. Also heard Mr. Ashish Shukla, learned Additional Advocate General, appearing for the State/respondent in both the appeals.

2. Though CRA No. 157 of 2024 is listed today for hearing on I.A. No. 1 of 2024 (application for suspension of sentence and grant of bail) along with CRA No. 1919 of 2023, in which the appellant has already been granted bail by the learned Single Judge vide order dated 20.03.2024, however, considering that the appellants in CRA No. 157 of 2024 have been in custody — appellant No. 1 since 25.08.2020 and appellant No. 2 since 27.06.2022 — and with the consent of learned counsel for the parties, the appeals are taken up for final hearing.

3. The present criminal appeals, preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, “Cr.P.C.”), are directed against the impugned judgment of conviction and order of sentence dated 29.09.2023 passed by the learned Additional Sessions Judge, Fast Track Special Court (POCSO Act), Ramanujganj, District Balrampur-Ramanujganj (C.G.) (for short, “learned trial Court”), whereby the appellants have been convicted and sentenced as follows:

4. The prosecution case, in brief, is that on 12.08.2020, the father of the victim (PW-2) lodged information at Police Station Chando stating that the victim had gone missing on 08.08.2020. Despite searching the surrounding areas, her whereabouts could not be traced. He expressed suspicion that an unknown person had enticed and taken her away. On the basis of the said complaint, Assistant Sub-Inspector Bhuneshwar Singh (PW-7) of Police Station Balrampur registered a First Information Report (Ex.P/4) against an unknown person in Crime No. 24/2020 under Section 363 of the IPC. The place of occurrence was inspected and a spot map was prepared. Thereafter, during further investigation, Inspector Rupesh Kuntal Ekka (PW-5) recovered the victim on 19.08.2020 from village Chando in the presence of witnesses, as per recovery memo (Ex.P/1). Subsequently, Inspector Anita Prabha Minj (PW-6) recorded the statement of the victim, wherein she stated that the appellants, namely, Aardiyan Lakda, Amit Tirkey, and Phoolsay, had forcibly taken her away, and that appellant Aardiyan Lakda had committed forcible rape upon her. Thereafter, with the consent of the victim, she was sent to District Hospital Balrampur for medical examination of her private parts. The examination was conducted by Lady Doctor Dr. Vinika Bhagat (PW-8), who submitted her report (Ex.P/15).

5. During further investigation, in order to ascertain the date of birth of the victim, a certified copy of the admission and discharge register was obtained from the Headmaster of Primary School Jodhpur and seized in the presence of witnesses vide seizure memo (Ex.P/6), marked as Ex.P/7-C. It was also alleged that appellant Amit Tirkey, in furtherance of a conspiracy, intentionally aided and abetted the commission of aggravated penetrative sexual assault by appellant Aardiyan Lakda upon the minor victim. The underwear of appellant Aardiyan Lakda was seized vide seizure memo (