VIVEKANAND SHASTRI Vs. STATE

JUDGEMENT

(1.) Vivekanand Shastri challenges the impugned judgment dated 5th April, 2016 convicting him for offence punishable under Section 8 of Protection of Children from Sexual Offences Act, 2012 (in short 'POCSO Act') and the order on sentence dated 7th April, 2016 directing him to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.5,000/-, in default whereof to undergo simple imprisonment for a period of 15 days.

(2.) Assailing the conviction, Learned Counsel for the appellant contends that the prosecutrix in her statement stated that there was nobody present in the temple at the time of incident but the relatives stated that there was a 'katha' of nine days going on in the mandir. Mother of the prosecutrix in her cross-examination stated that there was katha on 2nd February, 2013 and around 20-25 people used to gather for the katha. He contended that moreover there were other people present in the mandir till 8:30 P.M. and no such incident as alleged took place. Moreover, the prosecution failed to examine any independent witness. The prosecutrix in her cross-examination has admitted that there was no katha in the temple on the day of the said incident rather she had gone there only to lit diyas. He further contended that the statement of the prosecutrix before the NGO is not consistent with her testimony before the court. Hence the appellant be acquitted.

(3.) Learned APP for the State on the other hand submits that there are no contradictions in the statements of the prosecutrix and her mother with regard to the incident. In view of the consistent deposition of the prosecution witnesses, the conviction and order on sentence be upheld.