LAWS(ALL)-2022-5-105

SONU KANOUJIA Vs. STATE OF U.P.

Decided On May 27, 2022
Sonu Kanoujia Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) We have heard Ms. Beena Mishra, the Amicus Curiae for the appellant and Sri Nagendra Kumar Srivastava the learned AGA for the State.

(2.) This jail appeal arises out of a judgment and order dtd. 21/12/2020 passed by the Special Judge POCSO Act/Additional District and Sessions Judge, Ghaziabad in Sessions Trial No.121 of 2015 (State of UP vs. Sonu Kanaujiya), arising out of Crime No.119 of 2015, Police Station Indirapuram, District Ghaziabad, convicting the appellant under Sec. 376 of IPC and Sec. 5 (f), (m)/6 of POCSO Act, 2012 and sentencing him to undergo imprisonment for life under Sec. 5 (f) (m)/6 of the POCSO Act, 2012, with a fine of Rs.1,00,000.00 and, in default thereof, he was to undergo one year's additional simple sentence.

(3.) As per prosecution case, on 31/1/2015, FIR (Ex.Ka.1) was lodged by Satya Narayan Sharma, grandfather of the prosecutrix, alleging in it that the prosecutrix was studying in Paradise Play School, 120 Sector-1, Vaishali and on 31/1/2015, she informed him that she was feeling pain in her private part because of the fact that on 29/1/2015, accused appellant had inserted his finger in her private as a result of which, she had bled. The prosecutrix was immediately taken to Doctor, who had informed him that some foul play had been played with her private part. On the basis of this report, FIR under Ss. 376 of IPC and Ss. 3 and 4 of the POCSO Act, was registered against the accused appellant.