HUNNY Vs. STATE

JUDGEMENT

(1.) Aggrieved by a judgment dated 12.04.2016 of learned Additional Sessions Judge in Sessions Case No. 192/14 arising out of FIR No. 402/14 registered at Police Station Bharat Nagar by which the appellant Hunny was held guilty for committing offences punishable under Sections 363/323 Penal Code and Sec. 10 POCSO Act, the instant appeal has been preferred by him.

(2.) Briefly stated the prosecution case as set up in the charge-sheet was that on 21.07.2014 at around 9.00 am, the appellant kidnapped the prosecutrix/victim 'X' (changed name), aged around five years from the lawful guardianship of her parents when she was going along with her brother to her school. The appellant after kidnapping took the child to Police Colony, Narela with an intent to force/seduce her for illicit intercourse. The appellant sexually assaulted the child and also slapped her.

(3.) On 21.07.2014, when the victim 'X' had gone along with her brother 'Y' (changed name) to school at around 8.15 a.m., she was kidnapped. 'Y', on return to the home informed his parents that an individual had kidnapped 'X' near the school gate. Efforts were made to find out 'X' but she could not be traced. Hiralal (PW1), victim's father, lodged missing report (Ex.PW-5/A) with the Police Station Bharat Nagar. The Investigating Officer after recording his statement lodged FIR under Sec. 363 IPC.