TIBBU LAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This jail appeal, is preferred against the judgment and order dated 11.12.2019, passed by the learned Special Sessions Judge POCSO, Rudraprayag in Special Session Trial No. 12 of 2019, State vs. Tibbu Lal whereby the learned trial court has convicted the appellant under section 354, 354A, 354B IPC and under section 8 of the POCSO Act and sentenced him seven years rigorous imprisonment with fine of Rs. 10,000/-, in default of which, appellant to undergo simple imprisonment for four months. He was also convicted under section 366 IPC and sentenced to seven years rigorous imprisonment with fine of Rs. 10,000/- in default of which he has to undergo further four months' simple imprisonment. All the sentences are directed to be run concurrently.

(2.) Brief facts of the case are that PW2-mother of the prosecutrix gave information with Police Station Augustyamuni, District Rudraprayag on 16.10.2019. On the basis of said information, FIR No. 57 of 2019 (Ex. A13) was registered on the very same day. The statement of the prosecutrix under section 164 Cr.P.C. was recorded. She was medically examined. After completion of investigation charge sheet (Ex. A16) was submitted against the appellant on 26.11.2019.

(3.) Accordingly, the concerned Sessions Judge took the cognizance and after compliance of section 207 Cr.P.C., framed the charges under section 354, 354-A, 354B, 366 IPC and under section 8 of the POCSO Act. The appellant denied the allegation and claimed to be tried.