KRISHNA @ BASU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The appellant, Krishna @ Basu has filed the present Criminal Appeal against the Judgment and Order dtd. 20/7/2022, passed by Special Judge (POCSO)/ District and Sessions Judge, Tehri Garhwal in Special Sessions Trial No. 33 of 2020, State vs. Krishna alias Basu and others, whereby he has been convicted under Ss. 376 (3), 506 of IPC and Sec. 5 (l) and 6 of the POCSO Act.

(2.) The prosecution case, in brief, is that on 5/6/2020, a complaint was filed by the complainant Smt. Pinki (PW1) before the Inspector-in-charge, Police Station Muni Ki Reti, District Tehri Garhwal to the effect that her daughter (victim) is aged 15 years and 9 months old; that on 7th/8/5/2020, when the complainant was busy in her brother's wedding preparation and her other children were at home alone then taking benefit of absence of the complainant, the appellant Krishna alias Basu S/o Ramesh Singh, R/o Shishamjhadi, Kailash Gate, Gali No. 33, Police Station-Muni Ki Reti, District Tehri Garhwal, who was living opposite to her house, under the pretext of giving tuition to her daughter showed her pornographic film and by luring the victim raped her. When the victim told him that she will report about this incident then the appellant Krishna @ Basu threatened to kill her entire family and again committed rape upon her and asked her to keep mum. Today, when the daughter of the complainant felt severe stomach pain then she told her the entire incident. The complainant took her daughter to the Doctor and the Doctor diagnosed rape and internal swelling; that when the complainant went to house of the appellant then the appellant, his mother Rajni and father Ramesh misbehaved with her and drove the appellant free from their home. The complainant submitted that the appellant and his family members are threatening them and are making false allegations against her daughter.

(3.) On the basis of the complaint (Ext. Ka-1) of the complainant; case was registered against the accused Krishna @ Basu (appellant herein) on 5/6/2020 at 16:10 P.M., as Case Crime No. 75 of 2020, at Police Station Muni Ki Reti, District Tehri Garhwal, under Ss. 376 (2) (i), 376 (2)(n), 504, 506 and 509 IPC and Ss. 5 (l), 6, 11 and 12 of the POCSO Act and the written First Information Report (Ext.Ka-2) was made, which was, registered in Indraji GD (Exhibit Ka-3). The investigation of the case was handed over to (PW9) Sub Inspector Shahida Parveen. The Investigating Officer inspected scene of the incident and a map was prepared. Statement of the witnesses were recorded and on the basis of the evidence collected in the investigation, a charge-sheet was prepared against the accused/appellant Krishna @ Basu, under Ss. 376(2) (i), 376 (2) (n), 504, 506 and 509 IPC and Ss. 5 (l),6,11,12,16 and 17 of the POCSO Act.