BHUWAN SINGH TARAGI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present appeal is filed against judgment and order dated 28.05.2016/30.05.2016 passed by Special Judge, POCSO Act, Rudrapur, Udham Singh Nagar in Special Sessions Trial No. 204 of 2015 whereby present appellant was found guilty for the offence punishable under Sec. 376 (2), 366 Penal Code and was sentenced to undergo 15 years rigorous imprisonment and to pay fine of Rs. 50000.00 and in default, to undergo additional simple imprisonment of six months under Sec. 376 (2) Penal Code and to undergo 10 years rigorous imprisonment and to pay fine of Rs. 20,000.00 and in default, to undergo additional simple imprisonment of three months under Sec. 366 IPC.

(2.) Brief facts of the present case are that an FIR. was lodged by PW3 father of the prosecutrix to the effect that he along with his family members was residing in House No. 10, Gali No. 9, Singh Colony, Rudrapur. He has a wife and three children in his family. He is working in a company known as Roop Polymers. On 31.07.2015, at 02.30 p.m. his wife informed him on mobile phone that Bhuwan Singh Taragi did some obscene acts with their daughter and asked him to come at the earliest. When he reached home, her daughter informed him that Bhuwan uncle called her in his room. Accused put his penis in her mouth and pressed hard her mouth. When she felt pain, she screamed. Her mother reached in the room. His wife informed him that Bhuwan Singh put his penis in the mouth of prosecutrix, which she saw. Bhuwan may not flee from the spot, therefore, she bolted the door from outside. Police caught Bhuwan Singh from the spot. You are requested to do the needful.

(3.) Initially, investigation of the case, was handed over to PW5 SI Jai Pal Singh, however, later on, it was handed over to PW4 SI Marry Peter, who submitted a charge-sheet against the appellant on 16.10.2015.