VIVEK Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present appeal is directed against the judgment and order dtd. 27/8/2018 / 31/8/2018 passed by Special Judge, POCSO, Haridwar in Special Sessions Trial No. 05 of 2015 whereby appellant was held guilty for the offence punishable under Sec. 363, 376 IPC & under Sec. 4, 6 of the Protection of Children from Sexual Offences Act (for short "POCSO Act") and was sentenced to undergo three year rigorous imprisonment and to pay fine of Rs.10,000.00 and in default of making payment of fine, to undergo one month additional imprisonment under Sec. 363 IPC; sentenced to undergo seven year rigorous imprisonment and to pay fine of Rs.10,000.00 and in default of making payment of fine, to undergo one month additional imprisonment under Sec. 376 IPC; and sentenced to undergo seven year rigorous imprisonment and to pay fine of Rs.10,000.00 and in default of making payment of fine, to undergo one month additional imprisonment under Sec. 4 of the POCSO Act and sentenced to undergo ten year rigorous imprisonment and to pay fine of Rs.10,000.00 and in default of making payment of fine, to undergo one month additional imprisonment under Sec. 6 of the POCSO Act.

(2.) Brief facts of the present case, inter alia, are that PW1 informant - father of prosecutrix lodged an FIR with police station Kotwali Jwalapur, Haridwar on 11/2/2015 stating therein that her daughter prosecutrix, aged about 16 years, is missing since 10/2/2015 at 03.30 p.m.; she went for tuition but she did not come till evening; he inquired from his relatives but did not get any clue; yesterday, she did not go for tuition class; today, I come to lodge her missing complaint. He believed that one Vivek enticed her away; kindly, lodge the FIR and accordingly, FIR was registered.

(3.) After investigation, PW6 Sub Inspector Geeta Chaudhary submitted charge-sheet under Sec. 363, 366A, 376 IPC and 3/4 of the POCSO Act against the appellant.