AMAL BAROI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The instant appeal has been filed by the appellant challenging the judgment and order dtd. 22/11/2016/23/11/2016 passed in Special Sessions Trial No. 100 of 2016, State v. Amal Baroi, by the court of learned FTC/Additional Sessions Judge/Special Judge, POCSO, Rudrapur, District Udham Singh Nagar ('the case'). By it, the appellant has been convicted under Ss. 363, 366, 376(2), 342, 328 IPC and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 ('the POCSO Act') and sentenced as under:-

(2.) According to the FIR, which was lodged by PW 1, the maternal grandmother of the young victim, on 26/2/2016 at about 07:00 p.m., her daughter PW 2 had gone to market along with her 8 years old daughter so as to get medicines. PW2 and her daughter visited the appellant's shop and asked for cold drink. The appellant spiked the cold drink of PW 2 and made her lay down on the roof top. Thereafter, the appellant offered some eatables to the daughter of PW 2, who has been examined as PW3, and raped her. The appellant made PW 2 and PW 3 as hostages the whole night. When PW 2, the mother of the young victim gained consciousness, they any how returned their home the next day. They were threatened by the appellant.

(3.) The report of the incident was lodged by PW 1, the maternal grandmother of the young victim on 8/4/2016 at Police Station Dineshpur, District Udham Singh Nagar, based on which, Chik FIR was lodged and Case Crime No. 41 of 2016 under Ss. 363, 366, 342, 328, 376(2), 504, 506 IPC and Sec. 6 of the POCSO Act was registered against the appellant. PW 3, young victim of 8 years was examined under Sec. 164 of the Code of Criminal Procedure, 1973 ('the Code') on 30/5/2016. She was medically examined on 8/4/2016. She narrated the story to the doctor, according to which the appellant did ganda kam not only with PW 3 the young victim, but with PW 2, the mother of PW 3 also. In the pathological examination, nothing was found, though the doctor noted that her hymen was torn with old tear. The Investigating Officer also collected the document pertaining to the date of birth of the young victim, which is Ex. A-7. According to it, the date of birth of PW 3, the young victim, is 28/5/2007.