JNANEDAR NATH DAS Vs. STATE

JUDGEMENT

(1.) Aggrieved by a judgment dated 08.01.2015 of learned Additional Sessions Judge in Sessions Case No. 59/13 arising out of FIR No. 60/13 registered at Police Station Sagarpur by which the appellant was held guilty for committing offences punishable under Sec. 10 POCSO Act, the present appeal has been preferred by him. By an order dated 16.01.2015, the appellant was sentenced to undergo Rigorous Imprisonment for five years with fine of Rs. 10,000/ -.

(2.) Briefly stated, the prosecution case as reflected in the charge - sheet was that sometime in the Winter Session 2012 -2013 at premises Chunmum Nursery School, RZ -74, Dabri Extension, New Delhi, the appellant committed aggravated sexual assault by showing his penis to the prosecutrix/child victim 'X' (Assumed name) and by making her touch it.

(3.) On 18.03.2013, Rekha 'X's mother reported the incident to the police at Police Station, Sagar Pur. The Investigating Officer recorded 'X's statement in question -answer form (Ex.PW1/B) and lodged First Information Report. In her complaint 'X' gave detailed account as to how and under what circumstances, the appellant had asked her to touch his penis in the latrine/bathroom of the school. 'X' was medically examined; she recorded her 164 Cr.P.C. statement (Ex.PW -1/A). The accused and his wife Minoti Das were arrested during investigation. Statements of witnesses conversant with the facts were recorded. Certain documents were seized and taken on record. Upon completion of investigation, a charge -sheet was filed against both the appellant and Minoti Das in the court on 23.04.2013. It is relevant to note that by an order dated 06.01.2014, Minoti Das was ordered to be released as no case was made out against her. The State did not challenge the said release order. To prove its case against the appellant, the prosecution examined six witnesses in all. In 313 statement, the appellant denied his involvement in the crime and pleaded false implication. DW -1 (Narender Gola), DW -2 (Ms.Anita Soni), DW -3 (Nirmala Gahlot) and DW -4 (Smt. Minoti Das) appeared in defence. After considering the rival contentions of the parties and on appreciation of the evidence, the Trial Court by the impugned judgment held the appellant guilty under Sec. 10 POCSO Act. Being aggrieved and dissatisfied, the instant appeal has been preferred.