AMIT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present Criminal Appeal has been filed by the appellant against the judgment and order dated 31.08.2018 passed by Additional Sessions Judge / Special Judge (POCSO) / FTC, Dehradun in Sessions Trial No.56 of 2015, whereby appellant was convicted for the offences punishable under Section 363, 366 IPC & Section 4 of the Protection of Children from Sexual Offences Act (hereinafter referred as to as 'POCSO Act') and was sentenced to undergo 2 years rigorous imprisonment alongwith a fine of Rs.10,000/- and, in default of making payment of fine, to undergo six months further imprisonment under Section 363 IPC; sentenced to undergo 5 years rigorous imprisonment along with fine of Rs.10,000/- and in default of making payment of fine, to undergo six months further imprisonment under Section 366 IPC; and sentenced to undergo 10 years rigorous imprisonment along with a fine of Rs.10,000/- and in default of making payment of fine, to undergo one year further imprisonment under Section 4 of the POCSO Act.

(2.) Pw1 - Smt. Kalawati, mother of prosecutrix set the criminal law into motion by writing a complaint (Ex.Ka-1) to police station, ISBT, Dehradun on 07.05.2015 at 9:40 PM, which was registered as case crime no.133/2015 under Section 363 & 376 IPC and Section ¾ POCSO Act. It was alleged in the FIR that accused Amit seduced her daughter-prosecutrix at about 7:30 PM on 30.14.2015 and raped her in the house of his aunt Santosh. It was also alleged that the said aunt of the accused was also involved in the crime.

(3.) After registration of FIR, the crime was investigated by the Investigating Officer, who, in turn, submitted charge-sheet against the accused-appellant for the offences punishable under Sections 363, 366A, 376 IPC and Section 3/4 of the POCSO Act. The case was committed to the Court of Sessions. When the trial commenced and prosecution opened it's case, charges were framed against the accused-appellant, to which he pleaded not guilty and claimed trial.