RAKESH Vs. STATE

JUDGEMENT

(1.) The appellant has filed the present appeal impugning a judgment dated 22nd March, 2016, whereby the appellant was convicted for the offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO). The appellant also impugns an order dated 23rd March, 2016, whereby the appellant was sentenced to rigorous imprisonment for a period of ten years with a fine of Rs. 5,000/-. It was further directed that in default of payment of such fine, the appellant would undergo simple imprisonment for a further period of fifteen days.

(2.) The nominal roll indicates that the appellant has already served almost six years and nine months of his prison sentence.

(3.) The appellant was prosecuted pursuant to registration of an FIR bearing no. 750/2014 under Section 376(2) of the Indian Penal Code, 1860 (IPC). The said FIR was registered on 11th June, 2014 at the instance of the mother of the victim - a girl aged about nine years. The victim's mother had stated that her husband had noticed that she was walking awkwardly (paro ko thoda kholkar chal rahi thi). On his inquiring the reasons for walking in that manner, the victim told him that the accused (appellant herein), who lived in the neighborhood had for the past four days paying her Rs. 10/- daily and calling her to his house. She stated that, thereafter, the accused would to take her to the bathroom where he would make her lie down after removing her pajama and insert his finger in a private part from where she urinates. She stated that this would result in her feeling pain and she would start crying. The accused had threatened her not to narrate the incidents to anyone. The victim's mother stated that on hearing the above, the victim's father went to the house of the appellant (accused) and they both quarreled. Thereafter, the victim's father called 100 and reported the incident.