CHANDAN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present criminal appeal is directed against the judgment and order dated 05.12.2020 passed by the learned Special Judge (POCSO Act), Tehri Garhwal in S.S.T. No. 5 of 2018, "State vs. Chandan Singh and another", whereby the learned Trial Court convicted the appellant u/s 363 and sentenced him to undergo four years' R.I. with a fine of Rs.1,000/- with default stipulation and also convicted U/s 366 IPC and sentenced him to undergo four and half years' R.I. with a fine of Rs.1,000/- with default stipulation. He was also sentenced to undergo three months' additional imprisonment.

(2.) Brief facts of the case are that PW1 informant submitted an information Ex.Ka-1 with the Revenue Circle, Hisriyakhal, Dev Prayag on 07.01.2018. On the basis of said information, a Chick FIR Ex.Ka-3 was lodged with the Revenue Circle against the present accused-Chandan Singh. The statement of PW2 prosecutrix was recorded under Section 164 Cr.P.C., which is Ex.Ka-2. She was medically examined and accordingly, medical report was prepared, which is Ex.Ka-22. The accused was arrested and arresting memo Ex.Ka-6 was prepared. On completion of investigation, charge-sheet Ex.Ka-25 was submitted. Accordingly, after compliance with the provision of Section 207 Cr.P.C., learned trial Court took the cognizance and framed charges on 28.04.2018. The appellant denied all the allegations and claimed to be tried.

(3.) In order to prove its case, the prosecution, produced PW1 Kailash Chandra Bangwal (informant), PW2 prosecutrix, PW3 mother of the prosecutrix, PW4 Ram Chandra, PW5 Girish Chandra Dobhal, who lodged the FIR Ex.Ka-3 and prepared G.D. Ex.Ka-4, PW6 A.K. Painuli, who proved the date of birth certificate, which is Ex.Ka-17, PW7 Head Constable Sunil Kumar, PW8 Kendra Singh, PW9 S.I. Rajendra Singh Aswal is the I.O. who prepared the site plan Ex.Ka-19, PW10 Dr. Garima Naithani, who prepared the medical report Ex.Ka-22, and, PW11 Dhirajmani Baluni is also the I.O. who recorded statements of the witnesses and after completion of investigation submitted the charge-sheet Ex.Ka-25.