DEV KUMAR YADAV @ DEVA Vs. STATE

JUDGEMENT

(1.) Appellant impugns judgment on conviction dated 27.03.2018 and orders on sentence dated 02.04.2018 whereby, the appellant has been convicted of an offence under Section 6 Protection of Children from Sexual Offence Act (in short 'POCSO') and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 5000/-, in default, to undergo one month simple imprisonment.

(2.) As per the prosecution, a complaint was received on 29.01.2016, from the mother of the child victim that on 29.01.2016 at about 1.00 am, her son S... (hereinafter referred to as 'child victim), a minor boy aged about 5 years, disclosed to her that accused had called him in his room and committed sodomy with him after removing his clothes, due to which, he suffered a lot of pain and after committing this act, the accused also threatened him not to disclose about this to anyone, otherwise he would kill him. She further stated that she herself checked the anus of child victim and found some blood was oozing from it. When her husband returned home in the night at around 11.00 pm, she told him about it and thereafter, police was informed.

(3.) In order to prove the charge against the petitioner, prosecution examined as many as 13 witnesses. The appellant/accused did not lead any evidence in his defence. The trial court, relying on the testimony of the prosecution witnesses and also noticing the fact that there was no material cross-examination of the witnesses, held the appellant guilty and convicted him of the said offence.