VIJAY Vs. STATE

JUDGEMENT

(1.) Appellant impugns judgment on conviction dated 19.07.2018 and order on sentence dated 02.08.2018 whereby the appellant has been convicted for the offence punishable under Section 4 POCSO Act as well as for the offences punishable under Sections 367/377/506 IPC and sentenced to undergo rigorous imprisonment for a period of 7 years under Section 4 of POCSO Act and to pay a fine of Rs. 20,000/- and in default of payment of fine to further undergo simple imprisonment for a period of six months, for the offence under Section 367 IPC for a period of six years with fine of Rs. 10,000/- in default to further undergo simple imprisonment for a period of three months and rigorous imprisonment for a period of two years for the offence punishable under Section 506 IPC with fine of Rs. 5000/-, in default to further undergo simple imprisonment for a period of one month.

(2.) On 25.02.2015 an intimation was received of an offence having been committed. When the Investigating Officer reached the spot, he found that there was a crowd which had gathered and he was informed that the parents of the victim had caught hold of the Appellant who was handed over to the Investigating Officer. It was contended that the Appellant had performed unnatural sex with the victim/male who was aged 13 years.

(3.) Statement of the victim was recorded who stated that on 24.02.2015 at about 7.00 PM he was playing with his brother and the Appellant who resided in the rear lane came and asked him if he wanted to see a movie. He took him towards the side of the drain and after going some distance he crossed the boundary wall adjacent to the drain and told him that he was going for urination and asked the victim if he would accompany him. The victim also went there. There, the Appellant showed him a blue film on his mobile phone but victim refused to see it and told that he did not want to see such a bad movie.