KHADKU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of this jail appeal the judgment and order of conviction dated 02.5.2015 rendered by Special Judge, POCSO, Dehradun has been put under challenge. The learned Judge has found the accused guilty for the offence of section 363 IPC sentencing him to two years simple imprisonment along with Rs. 500/- fine. In default of payment of fine he shall undergo 15 days simple imprisonment further. The accused has also been found guilty for the offence of section 366-A wherefor the learned Judge has sentenced him 5 years simple imprisonment along with Rs. 1,000/- fine. In default of payment of fine he has been asked to undergo 15 days further simple imprisonment. The accused has also been convicted for the offence of section 376 IPC sentencing him 10 years rigorous imprisonment along with Rs. 10,000/- fine. In default of payment of fine he has been asked to undergo 15 days simple imprisonment. Conviction has also been recorded under section 4 of the Protection of Children from Sexual Offences Act 2012 (herein after called as the Act) and sentenced to 7 years rigorous imprisonment along with Rs. 5,000/- fine. In default of payment of fine he has been asked to undergo 15 days simple imprisonment further. All the sentences have been directed to run concurrently adjusting the period of imprisonment which he has undergone during the course of trial.

(2.) The incident occurred on 03.4.2014 around 06/07:00 PM when victim Km. Tara, aged about 12 years (date of birth 01.4.2002) was guarding the wheat crop of her father. She was apprehended by the accused and forcibly taken away in thatched like structure nearby. She was kept confined in that premises over night and during the whole night she was subjected to forcible sexual intercourse and was left there at dawn of the next day. The accused fled away from the spot. Victim came herself to her house and discloses the whole incident to her mother who in turn narrated the same to her husband Mr. Tiku. So, the FIR was handed over to the Revenue Sub Inspector of the circle which is exhibit-ka 1. The chic report is exhibit-ka 5 which was lodged on 04.4.2014 at 01:00 PM while the place of occurrence is around 6 km. distance from the Patwari circle outpost.

(3.) The report was lodged under section 376 IPC. Statement of the girl under section 164 was got recorded by the Judicial Magistrate, Dehradun on 13.5.2014. The girl was then produced for medical examination in the Govt. Community Health Center, Chakrata on 04.4.2014 at 07:45 PM where she underwent the medical examination by the competent doctor. The following report was submitted: