Order on Board

31 .01.2024

1. The appeal arise out of the judgment of conviction and sentence dated 19.02.2020 passed by Learned Special Judge (POCSO ACT) Jashpur, District – Jashpur (C.G.) in Special Criminal Case No. 11/2019 whereby the appellant has been convicted and sentenced in the following manner:-

All the sentences are directed to run concurrently.

2. Brief facts of the case are that, on 06.01.2019 the prosecutrix (PW-3) has lodged report to the police out post Sonkyari, Police Station Sanna District – Jashpur against the appellant and his family members with the allegation that the appellant has taken her towards the jungle by his tractor and committed rape upon her by which she conceived pregnancy and on 14.09.2018, she gave birth to the male child at Holicross Hospital. The family members of the appellant had denied to keep the child with them therefore, she has lodged the written report. The FIR lodged by the prosecutrix is Ex-P/4 and unnumbered FIR is Ex.P/5.

3. Based on the unnumbered FIR is Ex-P/5 and the numbered FIR is Ex.P/17 has been registered at police station Sanna on 01.03.2019 against the appellant and then the police started investigation. The spot map is Ex.P/7 was prepared by the police. Spot map Ex.P/1 was prepared by the Patwari which has been seized by the police. The prosecutrix was sent for her medical examination to the Government Hospital Bagicha, District – Jashpur where she has been medically examined by (PW-2) Dr. V.Bhakla who after her examination gave her report Ex.P/2. No any injuries were found over the body of the prosecutrix and she opined after examination that the above mentioned findings shows that she has been delivered a baby by TCS (operation) within 6 months. To ascertain the age of the prosecutrix the police has seized the progress report card from the Government Middle School, Sonkyari and also the birth certificate of the delivered child from the Holicross Hospital, Kurkuri alongwith the discharge certificate of the said hospital vide Ex.P/12. During the course of investigation the police has also seized the School admission and discharge register from Government Middle School Sonkyari with respect to the date of birth of the prosecutrix vide Ex. P/14 and after retaining the attested true copy of the school admission and discharge register the original one was returned back to the school in which the date of birth of the prosecutrix is mentioned as 12.06.2001. The another school admission and discharge register from Naveen Prathmik Shala, Banstala has also been seized is vide Ex. P/16 and the attested true copy of the said register is Ex. 15 (C). The newly born child of the prosecutrix is also sent for his medical examination to the Government Hospital Bagicha from where the report has been received that the age of the baby under 6 months. The appellant was arrested on 11.10.2019 and he too was sent for his medical examination to the Government Hospital, Sanna where (PW-8) Dr. Sunil Kumar Lakda (PW-10) has examined him and gave his report Ex.-P/29. After medical examination of the appellant the doctor has found that he is capable to perform his sexual intercourse. The blood sample for the purposes of DNA test was also been taken from the appellant, the prosecutrix and the newly born child of the prosecutrix vide Ex.P/24 and blood sample was sent for DNA test to the State FSL, Raipur vide Ex.P/25 from where the DNA report Ex.P/27 was revived in which it has been found that the appellant is a biological father of the newly born child from the prosecutrix. The statement of the prosecutrix under Section 161 of Cr.P.C. as well as the statement of the witnesses have been recorded by the police and after completion of the investigation