ISHWARI RANA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment and order dtd. 5/4/2019, passed by the Special Judge, POCSO/Sessions Court, Tehri Garhwal, District Tehri Garhwal, in Special Sessions Trial No.18 of 2018, State of Uttarakhand Vs. Ishwari Rana ("the case"). By the impugned judgment and order, the appellant has been convicted under Ss. 363, 366 and 376(2)(n) IPC and Sec. 5(l)read with Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 ("the Act"). The appellant has been convicted and sentenced as hereunder:-

(2.) Heard learned counsel for the parties and perused the record.

(3.) Facts necessary to appreciate the controversy, briefly stated, are as follows: The victim, a young girl of 17 years of age, was staying with her deaf and dumb father in her village. Her mother had already died. On 5/3/2018, at about 8:30 AM, the victim left her house to get medicine from market, but she did not return. She was studying in class XI. A search was made. When she could not be located, an FIR was lodged on 14/3/2018 by her cousin, PW1, Khem Singh, based on which, a chik FIR was recorded and Case Crime No. 11 of 2018 under Ss. 363, 366A IPC was lodged at Police Station Ghansali, District- Tehri Garhwal. On 16/6/2018, the victim was recovered from the house of the appellant. On 17/6/2018, the victim was medically examined by PW4, Dr. Beena Singh, at Government Hospital, Baurari. She had no injury on her person. The victim, at the relevant time, told it to the Doctor that she was in relationship with the appellant for the last four years since then. She married the appellant on 5/3/2018 and started staying in a rented accommodation at Dehradun. They established continuous relations thereafter. The appellant did not commit any force upon her. The victim had told to the PW4, Dr. Beena Singh, that she had left her house on her own. During investigation, the Investigating Officer ("IO") collected blood samples, obtained Forensic Science Laboratory Report and prepared site plans. After completion of investigation, chargesheet under Ss. 363, 366, 376 IPC and Sec. 5(l)/6 of the Act was submitted against the appellant, which is the basis of the case.