Appeal against conviction under Section 6 POCSO Act and Section 506 Part II IPC for rape of a minor. Court found victim's unshaken testimony corroborated by medical evidence of pregnancy and positive FSL report; dismissed the appeal and affirmed conviction and sentence.
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2024:CGHC:44969
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 73 of 2018
1 - Mithun Miri S/o Shri Premchand Miri Aged About 21 Years R/o Village Gogaon, House Of Moolchand Yadav District Raipur, Chhattisgarh. , Chhattisgarh
... Appellant
versus
1 - State Of Chhattisgarh Through Thana-Gudiyari, Raipur, Dist Raipur, Chhattisgarh. , Chhattisgarh
---- Respondent
For Appellant : Shri Azad Siddique, Advocate For Respondent : Ms. Neeta Thawani, Panel Lawyer
Hon'ble Shri Justice Narendra Kumar Vyas Judgment on Board
19.11.2024
KISHORE KUMAR DESHMUKH
1. In this criminal appeal the challenge is levied to the judgment of conviction and order of sentence dated 01.07.2017 passed by Sixth Additional Sessions Judge, FTC Raipur in Special Criminal Case No. 16/16 whereby he has been convicted and sentenced as under:-
Digitally signed by KISHORE KUMAR DESHMUKH Date: 2024.11.21 10:45:54 +0530
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| Conviction u/S. | Sentence RI. | Fine | In default of payment of fine |
|---|---|---|---|
| 506 Part II Indian | 1 Year |
Rs.1000/- | 1 month SI |
| Penal Code | |||
| 6 of the POCSO Act |
10 Years |
Rs.5000/- | 5 months SI |
2. In brief the prosecution story is that the appellant committed forceful sexual intercourse with a minor and feeble mind girl aged about 15½ years studying in class 7th . Mother of the victim made complaint against the appellant to the Police Station. After usual investigation the FIR was lodged as Crime No. 308/2015 and submitted chalan to the Court of Additional Session’s Judge. The matter was committed for session’s trial and learned Trial Court framed charges against the appellant u/s 376(2)(I)(E) and 506(II) of the IPC and Section 6 of the POCSO Act. After conclusion of the trial, Trial Court convicted and sentenced the appellant as aforesaid and acquitted him from the offence punishable under Section 376(2)(I)(E) of the IPC in view of the Section 42 of the POCSO Act.
3. Being aggrieved, the appellant has preferred this Criminal appeal.
4. Counsel for the appellant argued that Trial Court has not appreciated the evidence in proper perspective. Thus, the conviction and sentence of the appellant are bad in the eyes of law. Hence, appellant may be acquitted of the aforesaid charges.
5. Counsel for the State argued that the conviction and sentence of the appellant is based on clinching evidence. The conviction and sentence of the appellant do not call for interference by this Court.
6. I have heard learned counsel for the parties and perused the record.
7. Learned trial Court after appreciating the evidence and materials on record particularly the statement of the victim has convicted
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the appellant. The victim has categorically stated that the sister of the appellant used to forcefully take her to a room and close the door, thereafter the appellant was committing rape on her. She has also stated that she became pregnant and was carrying 7 months pregnancy and later she had given birth to the child at the time of Holi. This evidence of the victim remained unshaken. The Doctor has also given opinion that the victim was carrying 24 weeks pregnancy. The F.S.L. Report is positive. There is no dispute with regard to the age of the victim. The incidents were continued from July to December, thus the finding recorded by the learned trial Court cannot be said to be unreasonable or suffers from illegality which warrants interference by this Court.
8. Accordingly, the appeal is dismissed and aforesaid conviction and sentence of the appellant are hereby affirmed.
9. As per the report of Central Jail, Raipur, the appellant has been released from jail on 16.12.2023 on completion of jail sentence after extending him benefit of remission.
10. With the aforesaid observation, the Criminal Appeal is dismissed.
Sd-
(Narendra Kumar Vyas)
Judge
kishore
1 issue framed by the court
Whether the trial court's conviction under Section 6 of the POCSO Act and Section 506 Part II IPC, based on the victim's testimony and corroborating medical and FSL evidence, was sustainable.
2 provisions across 2 enactments
Mithun Miri
State Of Chhattisgarh
Narendra Kumar Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
