UDHAV KUMAR Vs. STATE

JUDGEMENT

(1.) The appellant has filed the present appeal impugning a judgment dated 22.12.2015, whereby the appellant was convicted for committing an offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) read with Section 376(2)(i) of the Indian Penal Code, 1860 ( IPC ). The appellant also impugns an order dated 23.12.2015, whereby he was sentenced to serve rigorous imprisonment for a period of ten years alongwith imposition of fine of Rs. 5,000/- and in default of payment of fine, to serve simple imprisonment for a further period of one month. In addition, the learned Trial Court also awarded compensation of Rs. 2,00,000/- to the victim under Section 33(8) of the POCSO Act.

(2.) The appellant was prosecuted pursuant to registration of the FIR bearing no. 162/2013 with Police Station Jahangir Puri. The said FIR was registered on the statement made by one of the victim's paternal aunt (bua). She is, hereafter, referred to as 'the Complainant'.

(3.) It is the prosecution's case that the marriage ceremony of one of the paternal aunts (bua) of the victim was being solemnized and celebrated on 20.05.2013 in a park at E-Block, Jahangir Puri. The victim who was aged about six years (hereafter 'the victim') was also present inside the tent, which had been put up for the said event. It was reported that a Disc Jockey (DJ) was also engaged. Music was being played loudly inside the tent and some of the guests and family members were dancing. The victim, who was at the material time aged about six years, was also one of the girls dancing to the music. The complainant reported that at about 12:30 a.m. (that is, 12:30 a.m. on 21.05.2013), the victim could not be found and, therefore, they (her family members) started searching for her. While they were doing so, the victim appeared from behind the tent weeping bitterly. The complainant, after consoling her (tasalli dekar), made inquiries as to the reason for her distress. The victim then informed the Complainant that one of the persons who had come to attend the wedding had gagged her mouth and had taken her behind the tent. The Complainant stated that the victim informed her that that man started fingering her (apni ungli se ched chaad karne laga) and then inserted his finger from where she urinates. The victim complained that she felt pain and screamed and that person ran away from there. The Complainant stated that on hearing this, she informed her brother - the victim's uncle who deposed as PW4 - as to what the victim had told her and both of them (the Complainant and the victim's uncle) brought the victim inside the tent to identify the person who had assaulted her. The victim is stated to have indicated towards that person, who then attempted to exit the tent and flee from the spot. The Complainant stated that they raised an alarm and few unknown boys who were standing on the internal roads of the residential colony (EE Road) caught hold of that person (the appellant) and when they told the boys regarding the incident, the said boys began beating him. She stated that at about the same time, somebody informed the police and the police reached the spot. The boys who had caught hold of the accused, ran away from the spot. She stated that thereafter, the victim was taken to BJRM Hospital, Jahangir Puri under her supervision as well as that of W/Ct. Ram Bhateri. The victim was medically examined at BJRM Hospital.