SUDHIR SAHNI Vs. STATE

JUDGEMENT

(1.) By this appeal, the appellant challenges the judgment of Trial Court dtd. 15/7/2019 and also the order on sentence dtd. 21/8/2019, whereby the appellant was convicted for offence punishable under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 ("POCSO") and directed to undergo rigorous imprisonment for life along with fine of Rs.50,000.00 in default whereof simple imprisonment for one year, as also rigorous imprisonment for one year alongwith fine of Rs.1,000.00 in default whereof simple imprisonment for one month for offence punishable under Sec. 342 of the Indian Penal Code, 1860 ("IPC").

(2.) Briefly the case of the prosecution was that the appellant was the neighbor of the prosecutrix. On the pretext of getting prosecutrix a job and getting her married to his friend, appellant took Rs.13,000.00 from the prosecutrix. After sometime, when the prosecutrix went to get her money back, the appellant refused to return the money and committed sexual assault on her on three different occasions i.e. 10/4/13th/14th April and 1/5/2014. The prosecutrix disclosed to her cousin 'A' that the appellant was not returning the money on which 'A' went to appellant's house and a quarrel ensued between 'A' and the appellant after which, the mother of the prosecutrix and 'A' went to the police station. The statement of the prosecutrix was got recorded at the police station (Ex.PW-2/A) pursuant to which the prosecutrix was sent for medical examination.

(3.) MLC of the prosecutrix (Ex.PW-7/A) dtd. 2/5/2014 was prepared by Dr. Ajay Sharma, wherein it was recorded