PAWAN SAINI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This is an appeal arising out of the judgment and order dated 16.04.2014 passed by the learned District and Sessions Judge, Nainital in Session Trial No. 120 of 2013, whereby the present appellant has been convicted under Sections 302/376/511 and Section 10 of the Protection of Children from Sexual Offences Act, 2012 and has been sentenced to undergo rigorous imprisonment for life with a fine of Rs.5,000/- (Rupees Five Thousand only) under Section 302 of IPC, to undergo five years of rigorous imprisonment with a fine of Rs.5,000/- (Rupees Five Thousand only) under Section 376/511 of IPC, and to undergo rigorous imprisonment for a period of five years with a fine of Rs.5,000/- (Rupees Five Thousand only) under Section 10 of the Protection of Children from Sexual Offences Act, 2012, with default stipulations. All the sentences were directed to run concurrently.

(2.) The case of the prosecution in short is as follows:-

(3.) On that fateful day i.e. on 12.04.2013, there was no work of loading and unloading of river bed material, and therefore, the present accused/appellant had consumed liquor in the morning and was going towards the jungle. The girl child (victim), who was known to the appellant/accused requested that she will also go along with him inside the jungle. The accused then agreed to take the child along with him. Once the two were inside the jungle, the appellant/accused tried to molest her and then raped her which the child resisted, and in order to remove any witness, the accused ultimately decided to strangulate the girl child to death. After finishing this dastardly act, the appellant comes back to the place where he used to reside along with the parents of the girl child. Meanwhile, when the parents of the girl child returned from the local bazaar and did not find their daughter, they raised an alarm and a search was made inside the jungle as well, but in vain. The appellant too pretended to be busy in the search, along with the remaining persons. At some point of time, the parents of the victim and other persons had their suspicion on the present appellant and thereafter he was beaten up by the parents of the girl and other villagers, after which he confessed to his crime. Immediately thereafter the matter was informed to the police and an FIR was lodged by the father of the girl child on 13.04.2013 at about 02:55 PM at Police Station Ramnagar, District Nainital.