BABA SANTOSH GIRI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Instant appeal has been preferred against the judgment and order dated 30.05.2015 passed in Sessions Trial No.117 of 2014, State vs. Baba Santosh Giri by the court of Special Judge POCSO/Fast Track Court/ Addition District and Sessions Judge, Haldwani (Nainital). By the impugned judgment and order, the appellant has been convicted under Section 376(2), 377 IPC and Section 6 of the Prevention of Children from Sexual Offences Act, 2012 (for short the "POCSO Act"?) and convicted as hereunder:-

(2.) The appellant is in jail.

(3.) Briefly, stated according to the prosecution on 14.09.2014 at about 08:00 in the morning the victim, a girl of 10 years was playing outside her house when the appellant caught hold of her and took her in his room, made her lay on a 'takht' (wooden bed) and raped her. The appellant also threatened her, in case she reveals it to anyone. The appellant earlier also had carnal intercourse against the order of nature with the brother of victim, who was aged 4 years. A report of the incident was lodged on 14.09.2014 at 07:25 p.m. at Police Station Ram Nagar, District Nainital and a case under Section 376, 377 IPC and Section 3 read with Section 4 of the POCSO Act was registered. On the same day at 08:15 p.m., the victim girl and at 08:50 p.m., the victim boy were medically examined. During investigation site plan was prepared and after investigation charge sheet was submitted against the appellant under Section 376, 377 IPC and Section 3 read with Section 4 of POCSO Act. Cognizance taken. On 18.11.2014 charges under Sections 376, 377 IPC and 3 read with Section 4 of the POCSO Act was leveled against the appellant to which, he denied and claimed trial.