UMASHANKAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present jail appeal is directed against the judgment and order dated 15.03.2018 passed by the Special Judge, POCSO, Dehradun, in S.S.T. No.41 of 2016, whereby the learned Trial Court convicted the appellant u/s 4 POCSO Act and sentenced him to undergo seven years' R.I. with fine of Rs.10,000 with default stipulation.

(2.) In short, case of the prosecution is that an information Ex. Ka-4 was submitted by the informant with the Police Station, Doiwala, Dehradun on 11.04.2016 about the incident. On the basis of said information, a Chick FIR Ex.Ka-6 was lodged with the police station; accordingly, G.D. Ex.Ka-7 was prepared; the appellant was arrested on 14.04.2016; accordingly, recovery memo Ex.Ka-9 was prepared; the prosecutrix was also recovered from the possession of the accused- appellant and was produced before the Magistrate; her statement Ex.Ka-1 were recorded under Section 164 Cr.P.C.; she was medically examined; accordingly, medical report Ex. Ka-2 and supplementary medical report Ex. Ka-3 were prepared. After investigation, charge-sheet (Ex.Ka-5) was submitted. Accordingly, after compliance of provision of Section 207 Cr.P.C.; the concerned court took the cognizance on 13.07.2016 and charges were framed under Sections 363, 366A, 376 IPC and u/s POCSO Act. The appellant denied all the allegations and claimed to be tried.

(3.) To bring home the guilt of the appellant, the prosecution produced PW1- prosecutrix, PW2 Dr. Mamta Negi, who prepared the medical report of the prosecutrix, PW3 Anil Kumar (witness of the recovery memo), PW4 father of the prosecutrix, PW5 S.I. Hem Lata, who conducted the investigation, PW6 Mahadev Prasad Dobhal, PW7 Laxman Singh Kathait.