SABIR ALI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal appeal has been filed by the appellant challenging the judgment and order dtd. 29/1/2016 passed by the learned Special Judge (POCSO)Fast Track CourtAdditional Sessions Judge, Haldwani, District Nainital in Sessions Trial No.06 of 2015, whereby the accusedappellant has been convicted under Ss. 376(2), 342, 363 and 366 of IPC and has been sentenced to undergo rigorous imprisonment for a period of 12 years with a fine of Rs.10,000.00 under Sec. 376(2) of IPC and in default in payment of fine, to undergo two months' simple imprisonment. The appellant has been sentenced to undergo rigorous imprisonment for a period of one year with a fine of Rs.1,000.00 under Sec. 342 of IPC, and in default of payment of fine to undergo additional simple imprisonment for a period of one month. He has been further sentenced to undergo rigorous imprisonment for 5 years with a fine of Rs.2,000.00 under Sec. 363 of I.P.C. and in default of payment of fine to undergo two months' simple imprisonment. He has also been sentenced to undergo 5 years' rigorous imprisonment with a fine of Rs.2,000.00 under Sec. 366 of I.P.C. and in default of payment of fine to undergo two months' additional simple imprisonment. All the sentences shall run concurrently.

(2.) In this case, the age of the prosecutrix had a crucial bearing, inasmuch as, the case of the prosecution, which stood established before the trial court, the age of the prosecutrix was about 15 to 16 years, whereas, according to the appellant, the age of the prosecutrix was more than 18 years.

(3.) An application was moved by Ms. Pushpa Joshi, learned Senior Counsel for the appellant, who is Amicus Curiae in this case, in which, she has received certain information under the Right to Information Act, 2005, which show according to her, that prior to getting admission in Government Primary School, Tulsinagar, the prosecutrix was admitted in Saraswati Vidhya Mandir School, Betalghat, where the actual recorded date of birth of the prosecutrix recorded is 18/5/1995. The application was hence to bring the additional evidence on record under Sec. 391 CrPC.