AZAD KHAN Vs. STATE

JUDGEMENT

(1.) The present appeal assails the judgment dtd. 26/9/2019 passed by the learned Trial Court convicting the appellant for the offence punishable under Sec. 6 of Protection of Children from Sexual Offences Act, 2012 (POCSO Act) read with Sec. 5 (m) of POCSO Act and order on sentence dtd. 27/9/2019 awarding sentence of life imprisonment for offence punishable under Sec. 6 of the POCSO Act with fine of Rs.10,000.00 (simple imprisonment of six months in default of payment of fine).

(2.) As per the case of the prosecution, DD No.18A dtd. 7/5/2013 at 01:44 p.m. was recorded on PCR call reporting rape of a 7-8 years old minor girl near Jal Board, L-Road, Fire Station, Keshav Puram. Upon receipt of the complaint, PW-6 Constable Dinesh and PW-13 Inspector Kamlesh, the initial Investigating Officer went to the spot at the jhuggi cluster. PW-13 met the complainant PW-8, Ram Narayan, the paternal uncle of the victim, who stated that on that day at about 1:00 P.M. when he returned home, he found the minor victim 'N' was weeping in the jhuggi and the crowd gathered there. On enquiry, the victim 'N' told that one neighbour Azad, the appellant had called her in jhuggi and removed her pyjami and clothes and after laying her on the floor, inserted his private parts in her private parts and when she started crying, he ran away. One girl 'R' who was playing with the victim, also stated the same. PW-13 called the PCR who took the victim for medical examination and on his statement, Rukka was prepared and handed over to Ct. Sudhir for registration of the FIR and accordingly, FIR No. 135/2013 was registered under Sec. 376 IPC and Sec. 6 of POCSO Act.

(3.) The appellant was arrested and medically examined as well. Exhibits of the victim and blood sample of the appellant were seized by the doctor and sent to the Forensic Science Laboratory (FSL). Charge-sheet was filed against the appellant and charges of commission of offence punishable under Sec. 6 read with Sec. 5 (m) POCSO Act or in the alternative Sec. 376 (2) (l) IPC were framed on 24/8/2017 against the appellant to which he pleaded not guilty and claimed trial. The prosecution examined 15 witnesses and the statement of the appellant was recorded u/s 313 Cr.P.C. who examined two witnesses in defence.