LAWS(UTN)-2017-10-70

SATRANJAN Vs. STATE OF UTTARAKHAND

Decided On October 10, 2017
Satranjan Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) By means of this jail appeal, the judgment and order dated 30.3.2015/1.4.2015 rendered by the Sessions Judge, Haridwar has been put to challenge.

(2.) The chargesheet was submitted against the appellant Satranjan for the offences under Sections 376/511, 363, 506 IPC nay Section 7/8 of the Protection of Children from Sexual Offences Act, 2014 (hereinafter called as the 'POCSO Act'). The charges were levelled accordingly on 16.4.2014 and the accused has been found guilty for all such offences so charged.

(3.) Appellant has been sentenced to five years rigorous imprisonment and fine of rupees five thousand for the offence under Section 363 IPC, in default of payment, he has been asked to further undergo one month's imprisonment; for the offence of Section 376/511, he has been sentenced to five years rigorous imprisonment and fine of rupees twenty five thousand, in default of fine, he has been directed to further undergo five months' imprisonment; for the offence of Section 506, appellant has been sentenced to two years rigorous imprisonment and fine of rupees five thousand, in default of fine, he has been asked to further undergo one month's imprisonment; and for the offence under Section 7/8 of the POCSO Act, the convict has been sentenced to five years imprisonment and fine of rupees twenty five thousand, in default of payment of fine, he has been directed to further undergo five months' imprisonment. Learned Judge has also directed that if the find is paid, then out of the same, rupees thirty thousand shall be paid to the victim Km. Anchal Rawat. The incident occurred on 28.1.2014 between 7.30 to 8.00 AM, when Km. Anchal Rawat on her bicycle left her house and was on way to her school. Soon after coming out of her house, Km. Anchal Rawat was forcibly abducted by gagging her mouth by the accused Satranjan, who was identifiable to the victim because he used to come to work as a cook in the neighbouring house. Km. Anchal Rawat was taken by the accused to his nearly place of dwelling wherein after bolting the room from inside, he allegedly committed sexual assault and intimidated Km. Anchal Rawat not to disclose the incident by showing the knife to her and in violation of his directions, she was told that all her family members will be killed by him.