NIKHIL KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present Appeal has arisen from the judgment dtd. 24/6/2017, passed by learned Fast Track Court/ Special Judge (POCSO)/ Additional District and Sessions Judge, Dehradun in Special Sessions Trial No.32 of 2016, "State Vs. Nikhil Kumar", whereby, the appellant - accused has been convicted and sentenced to undergo rigorous imprisonment for a period of seven years along with a fine of Rs.5,000.00 under Sec. 376 of the Indian Penal Code, 1860 (in short, "IPC") read with Sec. 511 IPC, and, he has been further convicted and sentenced to undergo rigorous imprisonment for a period of two years along with a fine of Rs.5,000.00under Sec. 7 read with Sec. 8 of the Protection of Children from Sexual Offences Act, 2012 with default imprisonment. Both the sentences have been directed to run concurrently.

(2.) Briefly stated the prosecution case as it emerges from re-appreciation of the evidence on record is that a written information (Ext. Ka. 11) was given to the police by the victim's mother (PW1) that today, on 8/5/2016, her daughter (PW2) was playing with the children outside her house at around 5:00 p.m. When she did not see her daughter, she asked the children about her daughter. The children told her that Nikhil had taken her daughter to his room to give her something. When she went to Nikhil's room, she saw that he was trying to do wrong thing to her daughter. She made a noise. Nikhil ran away from there. Her daughter started crying. She informed about this incident to her husband and her brother-in-law (Dever). The said information (Ext. Ka. 11) was written by Bablu Sahni (PW7).

(3.) The victim, aged about 5 years, was medically examined on 8/5/2016 at 09:00 p.m. by Dr. Utkarsha Singh (PW5).