DILIP KUMAR Vs. STATE

JUDGEMENT

(1.) By way of this appeal filed under Section 374(2) Cr.P.C., the appellant assails the judgment dated 29th November, 2016 and order on sentence dated 5th December, 2016 whereby the appellant has been convicted for committing the offence punishable under Section 363 / 366 of IPC and Section 6 of POCSO Act and sentenced as under:-

(2.) The facts which are relevant for adjudication of the present appeal are that on 15th December, 2012 DD entry No.32-A was lodged on the complaint of Sh.Yudhister Kumar, who personally visited Police Station Ranhola and informed that his daughter 'S' (name withheld to conceal the identity) aged about 16 years, who was a student of class-X in a Government School, had been missing from home since 12th December, 2012 from 2.00 AM. He was searching for her at his own level but as he could not find her, he came to lodge the report. On the basis of his complaint Ex.PW3/DA, case FIR No.279/2012 under Section 363 IPC was registered at PS Ranhola.

(3.) On 10th January, 2013, the prosecutrix was recovered from the house of the appellant. She was sent to DDU hospital for her medical examination. Thereafter she was produced before the learned Metropolitan Magistrate for getting her statement recorded under Section 164 Cr.P.C. The appellant/accused was also arrested and sent for medical examination. On the basis of statement made by the prosecutrix 'S', Section 366 / 376 IPC and Section 4 of POCSO Act were also added. After completion of the investigation, charge-sheet was filed and on committal of the case to the Court of Sessions, the accused was charged for committing the offence punishable under Sections 363 / 366 / 376 of IPC & Section 4 of POCSO Act.