KRISHNA NAND TIWARI Vs. STATE

JUDGEMENT

(1.) The present appeal has been preferred seeking to assail the judgment of conviction dtd. 11/7/2019 and order on sentence dtd. 30/8/2019, vide which the appellant has been convicted for the offences under Sec. 5(m) punishable under Sec. 6 POCSO Act, and sentenced to undergo rigorous imprisonment for a period of 12 years with a fine of Rs.20,000.00, in default whereof, he was further sentenced to undergo simple imprisonment for a period of 6 months. The benefit of Sec. 428 Cr.P.C. was extended to the appellant.

(2.) Brief facts in nutshell are that on 13/4/2013, DD No. 19 came to be recorded at P.S Okhla Industrial Area, wherein, it was alleged that the accused who at the time was running a molding machine in the building where the victim used to reside, had committed "Ched Chaad" with her. In the complaint, it was alleged that after taking the victim to his room, the accused tried to disrobe himself, and when she made a hue and cry due to this, she was allowed to leave. Further, the appellant had threatened her not to disclose the incident to anyone. On receipt of the complaint, the FIR under Sec. 354 IPC came to be registered and medical examination of the victim was carried out on the next day i.e., 14/4/2013. Subsequently, on 29/6/2013, the victim, in her statement recorded under Sec. 164 Cr.P.C. alleged that the appellant while committing the offence also tore her clothes and attempted to penetrate his private part. The statement of mother of the victim was also recorded by the police. On completion of investigation, the charge sheet came to be filed under Sec. 354/376 IPC and Sec. 8 of the POCSO Act. The Trial Court, however, framed the charge under Sec. 6 POCSO Act.

(3.) Mr. Adit S. Pujari, learned counsel for the appellant has assailed the impugned judgment by contending that reading of the first statement of the victim did not make out the ingredients for the offence under Sec. 6 POCSO Act in any manner. Further, he contends that even the MLC also does not record any external injury or bleeding on the private parts of the victim. Lastly, he contends that the victim in her subsequent statement under Sec. 164 CrPC and court deposition has materially improved upon the allegations, primarily, on account of monetary transactions between the family of the victim and the appellant.