RAJAT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present Criminal Jail Appeal is directed against the impugned judgment and order dated 14.06.2019 passed by Special Judge, POCSO, Additional Sessions Judge, Dehradun in Case Crime No.209 of 2018 (S.T. No.76 of 2018), under Sections 363, 366A & 376 of IPC & 5/6 POCSO Act Chalani Thana Sahaspur, Dehradun, before the Additional District and Sessions Judge, F.T.C., Special Judge, POCSO, Dehradun, whereby, the appellant has been convicted for the offences punishable under Sections 363 of IPC and Section 6 of POCSO Act and sentenced for rigorous imprisonment of 10 years and a fine of Rs.40,000/- has been imposed. Out of the fine of Rs.40,000/-, Rs.20,000/- has been directed to pay the victim. The appellant has been convicted for rigorous imprisonment of three years and a fine has been imposed and in case of non-payment, the appellant shall serve the sentence of more than one year or one month respectively. All the sentences shall run concurrently.

(2.) Facts leading to the present case are that the complainant PW2 (name withheld) lodged the First Information Report on 07.05.2018. The allegations made against the appellant are that his daughter (name withheld) aged about 13 years has been incited by the accused appellant. He tried to search the girl but could not find out anywhere. The incident happens to be on 07.05.2018. He also gave the mobile number of the accused and his daughter.

(3.) It is averred that the girl was medically examined and no external or internal injury was found on her body. The doctor opined that no definite opinion of rape can be given. The accused has been shown to be arrested as per arrest memo on 12.05.2018 at about 11.15 midnight. After investigation, the Investigating Officer submitted the charge-sheet against the appellant for the offences punishable under Sections 363, 366A & 376 of IPC & 5/6 POCSO Act.