Criminal Appeal No. 1156 of 2015. Case: Bhushanlal Sahu Vs State of Chhattisgarh. Chhattisgarh High Court

Case Number:Criminal Appeal No. 1156 of 2015
Party Name:Bhushanlal Sahu Vs State of Chhattisgarh
Counsel:For Appellant: N.S. Dhurandhar, Advocate and For Respondents: S.K. Mishra, Panel Lawyer
Judges:Anil Kumar Shukla, J.
Issue:Code of Criminal Procedure, 1973 (CrPC) - Sections 161, 164, 313, 374(2); Indian Evidence Act, 1872 - Sections 118, 35; Indian Penal Code 1860, (IPC) - Section 454; Protection of Children from Sexual Offences Act, 2012 - Sections 10, 7, 9(m)
Judgement Date:March 21, 2017
Court:Chhattisgarh High Court
 
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Judgment:

Anil Kumar Shukla, J.

1. This appeal has been preferred under Section 374(2) of the Code of Criminal Procedure by the accused against the judgment dated 13.8.2015 delivered in Special Sessions Case No. 52 of 2014 by the Special Judge under the Protection of Children from Sexual Offences Act, 2012 (henceforth 'the Act of 2012') and Additional Sessions Judge (FTC), Durg, whereby the Learned Trial Judge convicted and sentenced the accused/Appellant as under:

Conviction

Sentence

Under Section 454 IPC

Rigorous Imprisonment for 3 years and fine of Rs. 1,000/-, in default of payment of fine, to further undergo imprisonment for 6 months

Under Section 10 of the Act of 2012

Rigorous Imprisonment for 5 years and fine of Rs. 5,000/-, in

default of payment of fine to further undergo imprisonment for 6 months

The jail sentences awarded for both the offences are directed to run concurrently.

2. Case of the prosecution, in brief, is that Complainant Suresh Sahu (PW-5) lodged First Information Report (Ex. P-9) with Police Station Ranchirai on 2.12.2013 against the Appellant that on 1.12.2013 at about 12:30 p.m., on entering his house he saw that television of his house was on with full sound and the Appellant, after opening chain of his full-pant and removing underwear of the Complainant's 6 years' old niece (victim), was trying to commit rape with her on an iron cot lying in the house. Having seen the Complainant, the Appellant, closing the chain of his full-pant, fled from there. Bhanupratap (PW-10) witnessed the Appellant fleeing from there. The Complainant also informed Bhanupratap (PW-10) about the incident. The Complainant made her niece (victim) wear her underwear. On arrival of his daughter-in-law, i.e., mother of the victim Purnima Sahu (PW-9) to home, he informed her about the incident. A meeting was convened in the village at about 9 p.m. The Appellant admitted his guilt before Sarpanch Sampatlal (PW-1), Rohit Sahu and Panch Sitaram. Thereafter, the Complainant along with his brother, i.e., father of the victim Raghvendra (PW-4) went to the police station and lodged the FIR.

3. During investigation, Investigating Officer Sub-Inspector R.S. Sahu (PW-13) obtained permission from the parents and the Sub-Divisional Magistrate for examination of private part of the victim. The victim was medically examined at Government Hospital, Gunderdehi. Dr. Shireen Parveen (PW-14) examined the victim and gave her report (Ex. P-17). She referred the victim to a Gynecologist. Gynecologist Dr. Ruchi Kishore (PW-17) examined the victim and gave her report (Ex. P-27). She also prepared a slide of vaginal swab taken from external surface which was seized vide Ex. P-14. Underwear and leggings of the victim girl were seized vide Ex. P-8. Spot-map of the place of occurrence was prepared vide Ex. P-6. A panchnama was prepared vide Ex. P-4. A Kotwari Register showing the date of birth of the victim was seized vide Ex. P-2. A copy of the relevant page of the Kotwari Register showing the date of birth of the victim is Ex. P-3C. Admission-Transfer (Dakhil-Kharij) Register of the school showing the date of birth of the victim was seized vide Ex. P-5. A copy of the relevant page of the Admission-Transfer Register showing the date of birth of the victim is Ex. P-10C. Underwear of the Appellant was seized vide Ex. P-18. The Appellant was medically examined by Dr. C.B. Prasad (PW-16). He gave his report (Ex. P-19) in which he opined that the Appellant was able to perform sexual intercourse. Another spot-map (Ex. P-26) was got prepared by Patwari Lavan Kumar Mandal (PW-15). The Appellant was arrested vide Ex. P-22. Statements of witnesses and the victim were recorded.

4. After completion of the investigation, a...

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