AMRITA NAND Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri Brijesh Sahai, Senior Counsel assisted by Sri Ram Krishna Chaurasia, learned counsel for the accused-appellant, learned A.G.A. for the State and perused the record.

(2.) The instant appeal has been moved by accused-appellant under Sec. 374(2) of Cr.P.C. against the impugned judgment of conviction and order of sentence dtd. 21/10/2020 passed by Additional Sessions Judge-IV/Special Judge (POCSO Act), Banda in Special Case No.68 of 2015 (State Vs. Amrita Nand @ Tribhuvan Arjariya), arising out of Crime No.617 of 2015, under Ss. 376, 511 I.P.C. and Ss. 8, 10 of POCSO Act, P.S. Kotwali Nagar, Banda, by which the accused-appellant has been convicted under Sec. 10 of POCSO Act and was sentenced to undergo rigorous imprisonment for 7 years with a fine of Rs.10,000.00 under Sec. 10 of POCSO Act, in default thereof, to further undergo simple imprisonment for two months.

(3.) The brief facts necessary for disposal of this appeal is that informant Avadhesh Kumar Soni son of Raja Ram Soni resident of Chhoti Bazar, Thatharahi, Police Station Kotwali Nagar, District Banda has lodged a first information report on 23/8/2015 at 20:50 p.m. at Police Station Kotwali Nagar on the basis of written complaint with the allegation that on 22/8/2015 at 05:00 p.m., his daughter victim X aged about 4 years was playing in front of the house. The accused Amrita Nand @ Tribhuvan Arjariya aged about 60 years, who is his neighbourer called Baba by the people of the locality, called his daughter victim Xand gave her toffee and took her inside his house and tried to commit bad act with her. On being called by the mother of the victim X in high pitch, she was driven out by the accused from his house and the victim X after coming to her mother narrated the entire incident to her mother. After that Smt. Khusbu wife of the informant visited the accused and asked him that what you have done uncle with her daughter, thereafter, he locked his house and went somewhere else and did not return back to his house. The informant requested that his first information report be lodged and necessary action be taken against the accused.