BUDDHI BALLABH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This is a jail appeal preferred by the convict Buddhi Ballabh against the judgment and order dated 17.10.2014 rendered by the Special Judge, POCSO Act, District Chamoli.

(2.) On the first information report lodged on 27.5.2014, the matter was investigated by the concerned police and the chargesheet was submitted against the accused for the offences under Section 354, 354(Ka), 504, 506 IPC nay Section 7/8 POCSO Act, 2012. The charges were accordingly levelled for all these offences by the Special Judge, Chamoli at Gopeshwar on 5.7.2014 and after examining as many as six prosecution witnesses as well as the defence witness, the statement of accused under Section 313 CrPC was recorded. He pleaded all the evidence produced by the prosecution to be false and has clarified that the case has been framed against him by his wife on account of the differences to the extent of quarrel for the reason that he used to persuade his wife along with children to leave the town Tharali in order to dwell permanently in the village and such offer/persuasion was never acceded by his family members.

(3.) This unfortunate case commenced when the FIR was lodged against the accused (husband) by his own wife Smt. Sushila using the daughter of the couple Km. Garima as a tool. The incident has been disclosed to have occurred at 11 AM on 27.5.2014 in the remote hills of town Tharali, District Chamoli, while the FIR was lodged on the same day at 7.30 PM. The distance of police station from the place of occurrence is two and half kilometres.