HANS RAJ @ BHOLA Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed against the impugned judgment dated 06.10.2015 in Sessions Case No. 28/14 arising out of FIR no. 834/13 registered under Sections 376(2)(i)/511 of the Indian Penal Code, 1860 (in short 'IPC') whereby the Trial Court convicted the appellant under section 10 of the Protection of Children from Sexual Offences Act, 2012 (in short 'POCSO Act'). By order dated 8.10.2015, the Trial Court sentenced him to undergo rigorous imprisonment for five years and imposed a fine of Rs. 5,000/-.

(2.) On 05.12.2013, after receipt of DD No. 57-B, PW-13 W/SI Rakhi along with L/Ct. Kamlesh went to House No.S-168, Dhabe Wali Gali, C-3 Block, Sultan Puri, Delhi where SI Vikas Sahu and Ct. Raj Kumar met her. SI Vikas Sahu introduced the complainant Smt. Sushma to PW-13 SI Rakhi. The complainant informed PW-13 SI Rakhi that his neighbour Bhola (appellant) had attempted to molest her daughter "K" (child victim) and her neighbour's daughter "I" (second child victim), both aged about five years on 05.12.2013. In the meanwhile, Nazma Khan, who was an official from an NGO, had also arrived at the spot and counselled the complainant. The complainant got her statement recorded in which she stated that on the same day at about 9 PM she was getting mehendi inscribed on her hand in the lane in front of her house when suddenly her child victim "K" came running to her and informed her that the appellant had kissed her and child victim "I" and that the appellant was removing under-pant of child victim "I". The complainant stated that on hearing this she along with child victim "K" rushed to the park where she saw that the appellant had removed child victim "I"s under-pant down to her knees and was urinating in her presence. On seeing this, the complainant called the mother of child victim "I" through child victim "K" to the park where they apprehended the appellant and brought him to the lane in front of their house and called the police. The complainant further stated that the appellant started apologizing and she along with mother of child victim "I" thrashed the appellant several times after which the appellant managed to escape. The police arrived at the scene of crime after all this had happened.

(3.) On the basis of this statement made by the mother of child victim "K", FIR No. 834/13 was registered. Both child victims were medically examined at the Sanjay Gandhi Memorial Hospital and a site plan was prepared, the appellant was arrested on the next day of the incident and his disclosure statement was recorded. Statements of both the child victims were recorded under section 164 of the Criminal Procedure Code, 1973 (in short 'the Code').