LAWS(UTN)-2019-9-3

SAJID Vs. STATE OF UTTARAKHAND

Decided On September 18, 2019
SAJID Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) This criminal jail appeal is directed against the judgment and order dated 16.02.2018 passed by Fast Track Court/Special Judge (POCSO)/Additional Sessions Judge, Dehradun, in Special Sessions Trial No. 28 of 2014, whereby the accused/appellant has been convicted under Sections 363, 366A, 376 of The Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012, and has been sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.30,000/- u/s 4 of POCSO, R.I. for three years along with a fine of Rs.5,000/- u/s 366A of IPC and R.I. for two years along with a fine of Rs.2,000/- u/s 363 IPC. All the sentenced were directed to run concurrently.

(2.) Prosecution story, in brief, is that PW1 complainant (name withheld) submitted a written report at P.S. Cantt, Dehradun stating that his daughter, who is aged about 16 years, was enticed away by the appellant Sajid on 20.05.2014. On 21.05.2014, when his daughter came back she told the said incident and also disclosed that the appellant committed rape with her. On the basis of written report, Chik F.I.R. was prepared and case crime no.36/2014 was registered against accused/appellant under Sections 363/366/376 IPC and 8/18 of POCSO. The matter was investigated. During the course of investigation, the victim was got medically examined; x-ray of the victim was conducted for age verification; statement of victim was recorded u/s 164 of Cr.P.C; accused/appellant was arrested by the police; undergarments of the victim as well as that of the accused were taken into possession; site-plan of the place of incident was prepared. On completion of investigation, charge-sheet was filed against the accused/appellant in the court, for his trial, under the aforesaid Sections.

(3.) On 17.7.2014, Special Judge framed charge of offence punishable under Sections 363, 366-A, 376 of IPC and one punishable under Section 4 of POCSO Act. The charge was read over and explained to the accused, to which he pleaded not guilty and claimed to be tried.