MONU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The challenge in this appeal is made to the judgment and order dtd. 27/29/11/2019, passed in Sessions Trial No.53 of 2016, State vs. Monu, by the court of Additional Sessions Judge/FTSC Haridwar ('the case'). By it, the revisionist has been convicted under Ss. 363, 366-A, 376(2)(n) IPC and Ss. 5(l), 5(j)(ii)/6 of The Protection Of Children From Sexual Offences Act, 2012 ('the Act') and sentenced as follows:-

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

(3.) The prosecution case, as unfolded is as follows: On 27/4/2016, a report was lodged by PW1, the father of the victim. According to it, the victim had left her home at 07:00 PM on 21/4/2016 to answer the call of nature, but she did not return. When a search was made Sushil, a villager had told it to the informant that he had seen the victim going along with the appellant and one Mangi. The FIR records that the victim is a minor and the appellant had enticed her and taken her away. Based on this report, an FIR was lodged under Ss. 363, 366-A IPC and a case was registered. Subsequently, the victim was recovered, her statement under Sec. 164 of the Code of Criminal Procedure, 1973 ('the Code') was recorded. She was medically examined on 2/6/2016 when she stated her age to be 18-19 years. She was pregnant at that time. The victim told it to the doctor at the time of medical examination that she on her own had gone with the appellant. She told that the appellant is her husband. The Investigating Officer collected record with regard to the date of birth of the victim and after investigation has submitted a charge-sheet under Ss. 363, 366-A, 376 IPC and Ss. 3, 4(l)/6 of the Act. On 15/9/2016, charge under Ss. 363, 366-A, 376(2)(n) IPC and Ss. 5(l)/6 of the Act were framed against the appellant. On 23/2/2019, additional charge under Ss. 5(j)(ii)/6 of the Act was framed against the appellant.