NARENDRA SINGH NEGI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This Appeal is preferred by the appellant from Jail assailing the judgment and order dtd. 20/1/2021, passed by learned FTC/ADJ/Special Judge/POCSO, Udham Singh Nagar in Special Sessions Trial No.437 of 2019, whereby the appellant has been convicted under Sec. 6 of the Protection of Children From Sexual Offences Act, 2012 and sentenced to undergo life imprisonment with fine of Rs.30,000.00 and, in default of fine, he was sentenced to undergo six months' additional simple imprisonment. He has also been convicted under Sec. 363 IPC and sentenced to undergo three years' rigorous imprisonment with fine of Rs.5,000.00 and, in default of fine, he was sentenced to undergo one month additional simple imprisonment. He has further been convicted under Sec. 366 IPC and sentenced to undergo five years' rigorous imprisonment with fine of Rs.10,000.00 and, in default of fine, he was sentenced to undergo two months' additional simple imprisonment. He has further been convicted under Sec. 506 IPC and sentenced to undergo one year rigorous imprisonment with fine of Rs.500.00 and, in default of fine, he was sentenced to undergo fifteen days' additional simple imprisonment. It was directed that all the sentences shall run concurrently.

(2.) The facts of the case in brief are that on 29/9/2019, an FIR was lodged by father of the victim with the allegations that his daughter aged about 13 years went to collect the wooden powder from the furniture shop in Chandipur owned by appellant. The appellant raped the daughter of informant inside the showroom and threatened her to life, if she discloses it to someone. Due to threat given by the accused, his daughter did not disclose it in the family. On 28/9/2019, his daughter disclosed that she was pregnant and it was consequence of being raped by the accused many times.

(3.) The Investigating Officer conducted the investigation of the case and after doing necessary formalities and arresting the accused, submitted a charge-sheet (Ext.Ka-8) against the accused (appellant herein) in the court. The blood sample of the victim as well as that of accused-appellant was sent for chemical examination. The report given by the concerned FSL is on record as (Ext.Ka-10).