DAL CHANDRA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dated 09.09.2015 rendered by Special Judge (POCSO)/FTC/Additional Sessions Judge, Haldwani (Nainital) in Sessions Trial No.29/2015, whereby the appellant Dal Chandra was charged with and tried for the offence under Section 376(2)(i) I.P.C. and Section 5(m) r/w Section 6 of the Protection of Children from Sexual Offences Act (hereinafter to be referred to as 'the Act'). At the end of trial, the Trial Court convicted the appellant under Section 376(2)(i) of the Indian Penal Code (for short 'the I.P.C') and sentenced him to undergo fifteen years' rigorous imprisonment with fine of Rs.10,000/- and in default of payment of fine, to undergo additional rigorous imprisonment for a period of two months.

(2.) Case of the prosecution in a nutshell is that PW1, grandmother of prosecutrix (name withheld) lodged the report on 24.1.2015 to the effect that the appellant was known to her. He came to her house on that day at 5:30 PM. Appellant took away her granddaughter (prosecutrix), aged about one year and three months, on the pretext of providing her biscuits. After some time, the appellant brought back the prosecutrix. When PW1 changed the clothes of prosecutrix, she found that the blood was oozing out from her private parts and she was crying. She took the prosecutrix to the hospital. Thereafter, the first information report was lodged.

(3.) The matter was investigated and Challan was put up before the Court after completing all the codal formalities.