URBA DUTT BHATT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present jail appeal is directed against the judgment and order dated 09.04.2019 passed by the Sessions Judge/ Special Judge, POCSO, Pithoragarh, in S.S.T. No.13 of 2018, 'State vs. Urba Dutt Bhatt, whereby the learned Trial Court convicted the appellant u/s 7/8 POCSO Act and sentenced him to undergo three years and six months' imprisonment with fine of Rs.10,000 with default stipulation; he was also convicted u/s 342 IPC and sentenced to undergo six months' imprisonment and he was further convicted u/s 506 of IPC and sentenced to undergo one year's imprisonment with fine of Rs.2,000/- with default stipulation.

(2.) In short, case of the prosecution is that PW-1 submitted an information Ex.Ka-1 on 28.05.2018 with the Police Station, Jhulaghat, Pithoragarh. On the basis of said information, a Chick FIR Ex.Ka-7 was lodged with the police station; victim was medically examined; accordingly, medical report Ex.Ka-6 was prepared; her statement Ex. Ka-2 was recorded u/s 164 Cr.P.C. After investigation, charge-sheet (Ex.Ka-10) was submitted. Accordingly, after compliance with the provision of Section 207 Cr.P.C.; the concerned court took the cognizance on 17.07.2018 and charges were framed under Sections 376, 511, 342, 506, 504 IPC and u/s 8/18 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-informant (father of victim), PW2 mother of victim, PW3 prosecutrix, PW4 Shushil Chandra Pant, Principal of GIC Pithoragarh, who proved the date of birth certificate of victim Ex.Ka-3, PW5 Dr. Prema, who proved the medical report Ex.Ka.-6, PW6 Constable Mohan Chandra Pandey, PW7 Constable Dinesh Giri, who proved the Chik FIR Ex.Ka-7 and G.D. Ex.Ka-8, PW8 S.I. Sanjay Punia (IO), PW9 S.I. Sushila Arya (IO), who recorded the statements of witnesses and submitted charge-sheet Ex.Ka-10 and PW10 S.I. Megha Sharma (IO).