KALICHARAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present Criminal Appeal is directed against the judgment and order dated 15/17.02.2020 passed by F.T.C./Additional Sessions Judge/Special Judge, POCSO, District Haridwar, whereby, the Court has convicted the appellant under Sections 363, 366A, 328, 376 IPC & 3(a) & 4 of POCSO and sentenced him 3 years rigorous imprisonment with a fine of Rs.10,000/- under Section 363 IPC and in default of payment of fine, he shall undergo a simple imprisonment for one month, 10 years rigorous imprisonment and with a fine of Rs.10,000/- under Section 366A IPC and in default of payment of fine, he shall undergo a simple imprisonment for one month, 3 years rigorous imprisonment with a fine of Rs.5,000/- for the offence punishable under Section 328 IPC and in default of payment of fine, he shall undergo a simple imprisonment for 15 days, 10 years rigorous imprisonment with a fine of Rs.10,000/- for the offence punishable under Section 376 IPC and in default of payment of fine, he shall undergo a simple imprisonment for one month and 10 years rigorous imprisonment with a fine of Rs.10,000/- for the offence punishable under Section 3(a) & 4 of POCSO Act and in default of payment of fine, he shall undergo a simple imprisonment for one month. All the sentences are directed to be run concurrently.

(2.) The prosecution story, in brief, is that the complainant made a complaint before the Station House Officer, P.S. Sidcul, District Haridwar, stating therein that he resides with his family at Denso Chawk, Haridwar and doing labour work with Goel Thekedar about 15 days ago. The accused appellant has enticed his daughter, who is about 15 years of age. On the said complaint, the Case Crime No.209 of 2017, under Sections 363 & 366A IPC was registered at P.S. Sidcul, District Haridwar. The daughter of the complainant was recovered and her statement under Section 164 Cr.P.C. was recorded by the IInd Additional Civil Judge (Sr. Division)/Judicial Magistrate, Haridwar. The investigation was carried out and charge-sheet was submitted against the appellant for the offences punishable under Sections 363, 366A, 328, 376 IPC & Section 3(Ka)/4 POCSO Act.

(3.) To prove the guilt of the accused appellant, the prosecution got examined as many as eight witnesses. P.W.1, victim, P.W.2, the father of the victim, P.W.3, mother of the victim, P.W.4, Dr. Alpana Khare, P.W.5, S.I. Anees Ahmad, P.W.6, Const.686 Suvardhan, P.W.7, S.I. Himani Rawat and P.W.8, Shivendra Dixit (Teacher of Primary School).