PREM BAHADUR Vs. STATE

JUDGEMENT

(1.) The appellant Prem Bahadur @ Bhoj Bahadur stands convicted, by judgment dated 29th July, 2017, passed by the learned Additional Sessions Judge (hereinafter referred to as "the learned ASJ") of having committed the offences punishable under Sections 363, 366, 376(2)(i) and 506 of the Indian Penal Code, 1860 (hereinafter referred to as "the IPC") and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "the POCSO Act"). Resultantly, vide order dated 31st July, 2017, he also stands sentenced to (i) 10 years' rigorous imprisonment (RI), for the offences punishable under Section 366, IPC, with fine of Rs. 15,000/- and default sentence of 3 months simple imprisonment (SI), (ii) 10 years' RI for the offence punishable under Section 376(2)(i) of the IPC, along with fine of Rs. 15,000/-, and default sentence of 3 months simple imprisonment (SI), (iii) 3 years' RI for the offence punishable under Section 506 IPC, with fine of Rs. 3,000/- and default sentence of 1 month SI. The sentences have been directed to run concurrently and the benefit of Section 428 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") stand extended to the appellant. The victim was also entitled to compensation to the tune of Rs.5,00,000/- (Rupees Five Lakh only).

(2.) The learned ASJ has found that the appellant had enticed the prosecutrix (who shall remain unnamed) from the custody of her mother on the pretext of buying clothes for her and had taken her, with him, to a house at Village Bishad, Pithoragarh, Uttarakhand, where he had repeatedly raped her, also threatening to eliminate her, were she to disclose the incident to anyone. As such, the learned ASJ has held the offence of "aggravated penetrative sexual assault" as defined in Section 5 of the POCSO Act, to have been brought home to the appellant and has, therefore, returned the impugned findings of conviction and sentence.

(3.) One may directly proceed to the evidence, in order to gauge the sustainability of the impugned judgment and order on sentence.