SHEKHAWAT Vs. STATE

JUDGEMENT

(1.) By the present appeal, the appellant challenges the judgment dtd. 11/12/2018 whereby he was convicted for offence punishable under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act') and 363 and 323 of the Indian Penal Code ('IPC'). The appellant also challenges the impugned order on sentence dtd. 17/12/2018, whereby he was directed to undergo imprisonment for life along with fine of 20,000/- for offence punishable under Sec. 6 of the POCSO Act, rigorous imprisonment for a period of seven years and fine of Rs.10,000.00 for offence punishable under Sec. 363 IPC and rigorous imprisonment for a period of one year and to pay fine of Rs.1,000.00 for offence punishable under Sec. 323 IPC, in default whereof, to undergo simple imprisonment for three months.

(2.) As per the prosecution, brief facts of the case are that in the evening of 8/4/2015, the victim went to play in the street outside her house, with her friend ('B') and at about 9.0/9/30 PM, victim's mother 'K' (PW-12) realized that the victim had not returned back home and was also not present in the street outside. The parents of the victim along with other family members and neighbours started searching for the victim, however, could not find her. At about 12.30 AM, just when the parents of the victim were about to go to the police station, the appellant came with the victim and handed the victim to 'K' and left. The appellant was the uncle (chacha) of victim's friend 'B'. 'K' (PW-12) found that the victim was unconscious and on examining, she found injuries and bite marks on the body of the victim as also bloodstains on victim's underwear and that the victim was unable to properly stand on her own legs. Accordingly, the victim was rushed to the JPC Hospital and from the hospital, victim's father Akhtar Ali (PW-8) made a call to the police at number 100 and the information was recorded vide DD No.7B (Ex.PW-3/A). The victim was medically examined and her MLC (Ex.PW-25/1) was prepared and the appellant's name was recorded as the perpetrator of the crime. Further, the victim narrated the incident to her mother and categorically named the appellant. The statement of the mother was recorded by the police and rukka (Ex.PW-12/A) was prepared and FIR No.265/2015 dtd. 9/4/2015 under Ss. 363/323/376 IPC and Sec. 6 POCSO Act, at PS Seelampur was got registered (Ex.PW-4/C). The appellant was got arrested on 10/4/2015 at about 9.00 PM from Coat Market, Shashtri Park.

(3.) Dr.Gurmeet Kaur Bhusari conducted the physical examination of the victim and prepared the MLC (Ex.PW-25/1), which was proved by Dr.Monika Bairathi (PW-25). As per the MLC it was observed: Physical Examination