(1.) This Criminal Jail Appeal has been filed against the judgment dtd. 7/8/2015/10/8/2015, passed by the Judge, Fast Track Court/Additional Sessions Judge/Special Judge, POCSO, Udham Singh Nagar in Special Sessions Trial No. 08 of 2014, 'State vs. Suraj Pal', whereby, the appellant has been convicted under Ss. 363, 366, 376 (2) of the Indian Penal Code (hereinafter referred to as, 'IPC') and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as, 'the Act, 2012') read with Sec. 42 of the Act, 2012 and has been sentenced to undergo rigorous imprisonment for a period of twelve years along with a fine of Rs.50,000.00 for the offence under Sec. 376 (2) of IPC. In default of payment of fine, the appellant has been directed to undergo further additional simple imprisonment for a period of six months. He has been sentenced to undergo rigorous imprisonment for a period of three years along with a fine of Rs.10,000.00 for the offence punishable under Sec. 366 of IPC. In default of payment of fine, the appellant has been directed to undergo further additional simple imprisonment for a period of three months. Both the sentences are directed to run concurrently.
(2.) Briefly stated the prosecution story as it emerges from re-appreciation of the evidence on record is that the informant, father of the prosecutrix, informed the Police Station through his written information (Ext.Ka.1) regarding missing her daughter. According to the said information, on 31/8/2013 at around 9.00 a.m., when the informant and his wife were not at house, his daughter, aged about 16 years (prosecutrix), went to get water at the hand pump, located near the house of the informant. When she did not return home, a search was undertaken.
(3.) The said information was registered at 19.15 hrs. on 21/9/2013. On 29/10/2013, the prosecutrix was recovered from the custody of the appellant and the appellant was arrested. On the same day, i.e. on 29/10/2013, the medical examination of the prosecutrix was conducted. Statements of the prosecutrix were recorded under Sec. 161 of the Code of the Criminal Procedure, 1973. During the investigation, a Transfer Certificate of the prosecutrix's school was obtained. After the completion of the investigation, charge-sheet (Ext.Ka.12) was filed by Sub-Inspector Bhim Bhaskar Arya (PW8).