ANIL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present appeal is instituted against the judgment and order dated 30.01.2017 rendered by the Fast Track Court/Special Judge (POCSO)/Additional District Judge, Dehradun, in Special Sessions Trial No. 65 of 2015, whereby the accused/appellant, who was charged with and tried for the offences under Sections 376, 323 and 506, I.P.C. and under Section 5/6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter to be referred as "the POCSO Act"). He was convicted under Sections 376 and 323 of I.P.C. and Section 5/6 of POCSO Act and sentenced to undergo life imprisonment under Section 5/6 of POCSO Act, to pay a fine of Rs.30,000/-, and in default of payment of fine, to undergo simple imprisonment for a period of one month under Section 6 of the POCSO Act. He was sentenced to undergo one year simple imprisonment and to pay fine of Rs. 500/- and in default of payment of fine to under 15 days additional simple imprisonment under Section 323 of I.P.C.

(2.) The case of the prosecution, in a nutshell, is that on 05.07.2015, PW-2 Reeta (mother of the prosecutrix) has lodged a report to the effect that on 03.07.2015, her daughter had gone to attend the School at Barotiwala. One person met her, who was known to her family. Her daughter was aged 9 years. She was allured by that person and he took her to the sweet shop. He used to work in the sweet shop. Thereafter, he took her daughter to a garden. She was forced to consume liquor. He sexually assaulted her daughter. Her daughter was in bad shape when she came back to the house. She narrated the incident to her and named the appellant. The prosecutrix was taken for medical examination. An F.I.R. was registered against the appellant/accused. After investigation, challan was put up after completing all the codal formalities.

(3.) The prosecution has examined as many as 10 witnesses in support of his case. The accused was also examined under Section 313 of Cr.P.C. He denied the case of the prosecution. The appellant was convicted as noticed hereinabove. Hence, this appeal.