SAJID Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present jail appeal is directed against the judgment and order dated 11.10.2019 passed by the Addl. Sessions Judge/Special Judge (POCSO), Haridwar in S.S.T. No.65 of 2018, State vs. Sajid, whereby the learned Trial Court convicted the appellant u/s 377/511 IPC and sentenced him to undergo ten years' R.I. with fine of Rs.10,000; he was also convicted u/s 7/8 of the POCSO Act and sentenced to undergo three years' R.I. with fine of Rs.10,000/-; in default of payment of fine, one month's additional S.I. was also awarded; the aforesaid sentences were directed to run concurrently.

(2.) In short, case of the prosecution is that the informant submitted an information Ex. Ka-2 with the Police Station, Gangnahar, Roorkee on 10.04.2018. On the basis of said information, a chick FIR Ex.Ka-6 was lodged with the police station Gangnahar, Haridwar; the victim was medically examined; accordingly, medical report and supplementary medical report Ex.Ka-7 and Ka-8 respectively were prepared; the statement of aggrieved was recorded under Section 164 Cr.P.C. (Ex.Ka-1). Accordingly, arresting memo Ex.Ka-3 was prepared. After investigation, charge-sheet (Ex.Ka-11) was submitted on 26.04.2018 and cognizance was taken on 07.06.2018 by the Special Court. Accordingly, after compliance of provision of Sections 207 and 208 Cr.P.C., charges were framed on 07.07.2018. The appellant denied all the allegations and claimed to be tried.

(3.) To bring home the guilt of the appellant, the prosecution produced PW1-victim, PW2 Mukesh Saini (eyewitness), PW3- father of victim, PW4-S.I. Roshan Singh, PW5 Constable Chetan, PW6 Dr. Mohd. Afjal (who examined the victim), PW7 S.I. Navin Nautiyal and PW8 Minakshi Sharma, Principal.