MANOJ Vs. STATE

JUDGEMENT

(1.) The appellant has filed the present appeal impugning a judgment dated 28.11.2016, whereby he was convicted of the offences punishable under Sections 366/376(2)(i) and Section 506 of the Indian Penal Code, 1860 ( IPC ).

(2.) The appellant also impugns an order dated 29.11.2016 whereby he was sentenced to (a) serve rigorous imprisonment for a period of seven years and to pay a fine of ?2,000/- for the offence punishable under Section 366 of the IPC and in default of payment of fine, to undergo simple imprisonment for a further period of one month; (b) rigorous imprisonment for a period of ten years and a fine of Rs. 3,000/- for the offence punishable under Section 376(2)(i) of the IPC and in default of payment of fine, to undergo simple imprisonment for a further period of one month; and (c) to serve rigorous imprisonment for a period of one year for offence punishable under Section 506 of the IPC. The appellant was granted the benefit of Section 428 of the Cr.P.C. and all sentences awarded to him were directed to run concurrently.

(3.) The appellant was prosecuted pursuant to FIR bearing no. 143/2013, registered under Sections 366 / 34 , 376(2)(g) of the IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The said FIR was registered on 04.05.2013 at the instance of a minor (hereafter referred to as "P"), who at the relevant time was aged about sixteen years. On that date, an information had been received from the GTB Hospital regarding the admission of "P" in the hospital on account of her being pregnant with a term of about thirty- two weeks. P's statement was recorded and she reported an alleged incident that had occurred at about 02:30 p.m., in the year 2012 about one to two weeks prior to Durga Puja. She alleged that when she was returning to her house from her friend's house located at first Pushta Usman Pur, she was accosted by two boys aged about twenty years. They had caught hold of her and had forcibly pulled her towards Gautam Puri Nala (drain). She alleged that one of the boys had caught hold of her and the second one had forcibly raped her. She stated that at the material time, she was living with her father. Her sister, brother-in- law (sister's husband) and their three children were also residing in the same house. She stated that her mother used to stay in Kolkata. She stated that she did not inform anybody about the incident. However, subsequently, when she noticed symptoms of being pregnant then she informed her father and her sister regarding the said incident. She stated that they took her to the Nursing Home in Yamuna Vihar. However, she was not treated there and thereafter, her father took her to GTB Hospital where the doctor informed her that she was thirty-two weeks pregnant. She stated that she could identify the boys who had committed the offence.