The High Court of Chhattisgarh dismissed the criminal appeal against conviction under Section 376 IPC and Section 6 of the POCSO Act. Upholding the trial court's finding of guilty, the court noted that the victim's parents and medical report corroborated the attempt to commit rape on a 3-year-old child.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Criminal Appeal No. 408 of 2015
Deenbandhu Netam S/o Motiram Gada, aged about 27 years R/o Village Badejungera, Police Station Daundilohara, Civil and Revenue District Balod (C.G.).
----Appellant
Versus
State of Chhattisgarh, through the Police Station, Daundilohara, Civil and Revenue District Balod (C.G.)
---- Respondent
For Appellant : Mr. Sunil Sahu, Advocate For Respondent : Mr. H.S. Ahluwalia, Dy. Advocate General
Hon'ble Shri Justice Arvind Singh Chandel Judgment on Board
12/01/2021
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Harshit returned to the house leaving her sister playing there. The appellant, thereafter, took the victim girl inside his house and removed her undergarment. He tried to commit sexual intercourse with her. At about 8:15 am, the victim girl came back to her house holding her undergarment and complained about some pain in her private part. Then, her mother Hemlata examined the victim girl and found some liquid on her thighs. She intimated the incident to the neighbours and her husband. The matter was reported. Statement of witnesses under Section 161 of the Cr.P.C were recorded. After completion of investigation, a charge-sheet was filed. As many as 12 prosecution witnesses have been examined. 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. No defence witness has been examined.
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impugned judgment and submits that the victim girl was aged about 3 years in this case at the relevant time and from the statement of the parents of the victim girl as well as medical report of the victim girl, offence under Section 6 of the Act is duly proved against the appellant and for which the minimum sentence is 10 years, therefore, the appeal may be rejected.
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Sd/-
(Arvind Singh Chandel) Judge
Rahul
2 issues framed by the court
Whether the high court ought to allow the appeal filed by the appellant who was convicted under Sections 376 and 6 of the POCSO Act.
Whether the evidence on record, including parent statements and medical report, sufficiently establishes guilt despite the victim not being examined.
Deenbandhu Netam
State of Chhattisgarh
Arvind Singh Chandel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
