VISHAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present appeal has been filed against the judgment dtd. 11/1/2022, passed by F.T.S.C./Additional Sessions Judge Roorkee, District Haridwar in Special Sessions Trial No. 23 of 2020, 'State of Uttarakhand vs. Vishal', whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for a period of two years six months along with a fine of Rs.5,000.00 for the offence punishable under Sec. 354 of IPC. In default of payment of fine, the appellant has been directed to undergo further imprisonment for a period of two months.

(2.) Briefly stated the prosecution story as it emerges from re-appreciation of the evidence on record is that on 14/1/2020 at 14:38 hours an FIR was lodged by the brother of the victim. According to the First Information Report, the present appellant had caught the informant's minor sister, aged about 16 years, at 1:30 hours on 14/1/2020.

(3.) After completion of the investigation, the charge-sheet was filed under Sec. 354 of IPC and Sec. 7/8 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as, 'the Act, 2012').