PASHUPATI MUKHIYA Vs. STATE

JUDGEMENT

(1.) The appellant has challenged the impugned judgment of conviction dated 31.08.2018 and order on sentence dated 10.09.2018 whereby the appellant has been convicted in FIR No. 536/2014, under Section 363/342/354 IPC and Under Section 8/12 POCSO Act. For having committed an offence under Section 10 of POCSO Act, the appellant has been sentenced to undergo RI for a period of five years along with fine of Rs.2,500/- and in default of payment of fine SI for two months. The appellant has been further convicted for an offence punishable under Section 342 IPC and sentenced to RI for one year, and for the offence punishable under Section 363 IPC appellant has been sentenced to undergo RI for five years along with fine of Rs.2000/-, and in default of payment SI for two months. All the sentences of the convict to run concurrently.

(2.) In brief, the facts of the prosecution case are that on 15.08.2014 at about 8.35 pm, parents of the victim came to the Police Station Timarpur along with their 09 year old daughter and produced the accused at police station and alleged that the accused had sexually assaulted their daughter and legal action be taken against him. DD No. 39A was recorded and assigned to W SI Sushma and the victim along with her parents were taken for medical examination to Aruna Asaf Ali Government Hospital, Delhi. The victim was got counselled by the counsellor. The police recorded the statement of the Victim.

(3.) In her statement recorded by the police, the victim alleged that on 15.08.2014, at about 4.00 PM, she was flying kite near Deepak Dairy. At that time, an uncle came to her and said that he will give her a kite and then he forcibly took her to a Gali where he pressed her breast and also caressed above her underwear. When she tried to run away, the accused took her to a room, locked her and ran away. When she raised an alarm from the room no one opened the door. After about two hours, the same uncle opened the door and the victim ran away to her house and told the entire incident to her parents. Her parents went in search of the accused along with the victim and saw the accused in the Gali. When the victim saw the accused she told her parents that he was the same uncle who had done wrong act with her and had locked her in the room.