HARISH CHANDRA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present appeal is filed against the judgment and dtd. 24/6/2016 28/6/2016 passed by Special Judge, POCSO Act, Haldwani, Nainital in Special Trial No. 16 of 2015 whereby accused appellant was convicted for the offence punishable under Sec. 376 (1), 342, 506 IPC and sentenced to undergo rigorous imprisonment of 8 years and to pay fine of Rs.10,000.00 and in default, to undergo further imprisonment of two months under Sec. 376 (1) IPC; to undergo imprisonment of 1 year under Sec. 342 IPC; and to undergo rigorous imprisonment of 3 year under Sec. 506 IPC.

(2.) Brief facts of the present case are that father of the prosecutrix lodged an FIR in Patti Goniyaro, Tehsil Dhari, District Nainital on 11/5/2015 to the effect that her daughter was studying in Class 9. On 10/5/2016, her daughter went to attend a marriage function in the neighbourhood. Her daughter along with one Deepa went to take wood at about 02.00 p.m. from the nearby house. Accused Harish followed them. Harish forcefully took the prosecutrix in his room and raped her. Kumari Deepa fled from the spot. Her daughter informed him about the incident in the evening. Accordingly, he approached the revenue police and requested him to take appropriate action against the accused.

(3.) Police investigated the matter and submitted the chargesheet against the accused appellant. After committal of the case to the court of Special Judge, POCSO Act, learned trial court was pleased to frame charges under Sec. 342, 376 (2), 506 IPC and 34 of the Prevention of Children from Sexual Offences Act, 2012. Appellant denied the charges and claimed trial.