NIHAL SINGH @ NARESH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal jail appeal is directed against the judgment and order dtd. 31/8/2015 passed by Special Judge, POCSO/F.T.C./Additional Sessions Judge, Haldwani, Haldwani, District Nainital in S.T. No.15/2015, whereby the accused/appellant Nihal Singh @ Naresh has been convicted under Sec. 6 of Prevention of Children from Sexual Offences Act, 2012 (for short, POCSO) and Ss. 376, 363, 365, 366 of The Indian Penal Code, 1860 (for short, IPC). He has been sentenced to rigorous imprisonment for a period of ten years along with a fine of Rs.10,000.00 u/s 376 IPC, rigorous imprisonment for a period of five years along with a fine of Rs.5,000.00 u/s 363, rigorous imprisonment for a period of five years along with a fine of Rs.2,000.00 u/s 365 IPC and rigorous imprisonment for a period of seven years along with a fine of Rs.3,000.00 u/s 366. All the sentences were directed to run concurrently.

(2.) Prosecution story, in brief, is that the complainant (name withheld) submitted a report at P.S. Chorgalia, Haldwani, District Nainital stating that on 18/11/2014 his daughter, who is 17 years old and is studying in Girls Inter College in class X, after having dinner, had gone to sleep. On 19/11/2014 in the morning he found that she is not in the house and had gone somewhere. He tried his best to search her but all in vain. He further stated that his girl is 17 years old and had taken her clothes with her. On the basis of report, a case was registered under Sec. 365 of IPC against unknown. Investigation was entrusted to Sub Inspector Bhagwan Singh Rana. The matter was investigated. On 17/12/2014, accused/appellant Nihal Singh was arrested and the prosecturix was recovered. Thereafter, the investigation was handed over to Sub Inspector Arun Kumar verma. The Investigation Officer recorded the statements of prosecutrix and the accused, took into possession clothes of the accused and prosecutrix, got conducted medical examination of the prosecutrix, got recorded statement of the prosecutrix u/s 164 of Cr.P.C. As the offence was related to POCSO Act, investigation was transferred to Sub Inspector Smt. Puneeta Balaudi, who recorded the statement of prosecutrix, obtained caste certificate of father of prosecutrix as well as that of the accused. The prosecutix was a member of Scheduled Caste community. On completion of investigation, charge-sheet was filed against the accused/appellant under Ss. 365, 363, 366, 376 of IPC, Sec. 3/4 of POCSO Act and Sec. 3(iii)(xii) of SC/ST Act. After hearing the parties, charge was framed against the accused/appellant under the aforesaid Sec. .

(3.) In order to prove its case, prosecution got examined as many as eight witnesses. PW1 father of prosecutrix, PW2 prosecutrix, PW3 mother of prosecutrix, PW4 Dr. Alpana Mishra, PW5 Constable Pradeep Singh, PW6 1st Investigation Officer Bhagwan Singh, PW7 2nd Investigating Officer Arun Kumar Verma, PW8 3rd Investigating Officer Circle Officer Bachan Singh.