ANEES Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal, under section 374 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), has been preferred against the judgment and order dated 13.10.2015 passed by Fast Track Court/Special Judge (POCSO)/Additional District Judge, Dehradun, in Special Sessions Trial No.17 of 2014, whereby said court has convicted the accused/appellant under Section 376/511 of The Indian Penal Code, 1860 (for short, the IPC) and has sentenced him to undergo rigorous imprisonment for a period of ten years and fine of ' 15,000/-. It was also directed that in default of payment of fine, the accused shall undergo simple imprisonment for a period of one month.

(2.) Heard Mr. Chitrarth Kandpal, learned Amicus Curiae and Mr. P.s. Bohara, learned Assistant Government Advocate for the State and perused the lower court record.

(3.) Prosecution story, in brief, is that on 23.08.2014 Smt. Afsana lodged a first information report at P.S. Pathribag, Dehradun, stating therein that on 22.02.2014 when she was sitting outside her house, at about 10.30 pm her husband (the present accused/appellant) came and asked to give him food. She replied that she has prepared food and he may take the same on his own, as she is going to listen the speech of Imam Sahab. After sometime, she heard the screams coming from her house. She rushed to her house and in the light of lantern she saw that the accused/appellant was trying to commit rape with her handicapped daughter. On the basis of F.I.R., chik F.I.R. was prepared and case crime no.80 of 2014 was registered against the accused/appellant in respect of offences punishable under Section 376/511 of IPC and one punishable under Section 7/8 of Prevention of Children from Sexual Offences Act, 2012 (for short, POCSO). Investigation of the case was given to S.I. Kiran Aswal, who during the course of investigation, recorded the statement of witnesses, got recorded the statement of prosecutrix under Section 164 Cr.P.C., got conducted medical examination of the prosecutrix, visited the spot and prepared the site-plan, and after completion of investigation, submitted charge sheet against the accused/appellant under Section 376/511 of IPC and 7/8 of POCSO.