MOHD. AKKU Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant appeal under Sec. 374 (2) Code of Criminal Procedure, 1973 (in short ''Cr.P.C.') has been preferred by the Appellant Mohd. Akku against the judgement and order dtd. 2/5/2017 passed by Additional Sessions Judge, Court No.1, Balrampur in Special Criminal Case No. 84 of 2013 arising out of Case Crime No. 126 of 2013, under Sec. 376 IPC and Sec. 6 of Protection of Children from Sexual Offence Act, 1912 (in short ''POCSO Act'), Police Station- Panchpedwa, District Balrampur, whereby the accused- Appellant has been convicted under Sec. 376 IPC and Sec. 6 of POCSO Act and has been sentenced for the offence under Sec. 376 IPC for 10 years rigorous imprisonment and of fine of Rs.3000.00 with further direction that in default of payment of fine, the Appellant has further to undergo three months additional rigorous imprisonment and again has been sentenced for the offence under Sec. 6 of POCSO Act for the same sentence i.e. 10 years rigorous imprisonment and fine of Rs.3000.00 with further direction that any default of payment of fine, the Appellant has to further undergo three months additional rigorous imprisonment.

(2.) The prosecution case, in brief, is that on 30/3/2013 at about 5 P.M. victim aged about six year, daughter of Smt. Shamim Jahan (PW1) along with her elder daughter Sahar Bano (PW4) went to play at her under construction house. The house of the Appellant is situated near to the house of Shamim Jahan (PW 1). Sahar Bano (PW 4) elder sister of victim went back to her house and finding the victim alone, Appellant took the victim inside his house and undressed her undergarment (panty) and was attempting to rape upon the victim. On the voice raised by the victim, Shamim Jahan (PW1) along with her daughter Sahar Bano (PW 4) sent inside the house of Appellant where Appellant was attempting for rape laying the victim on earth and seeing the complainant (PW1), the Appellant fled away. It was told by the victim to Shamim Jahan (PW1) that after offering toffee to her took the victim inside his room and laying on earth attempting to rape.

(3.) Complainant Samim Jahan (PW1) preferred a written report (Ex.Ka-1) at the Police Station Panchpedwa, District Balrampur on the basis whereof Chik FIR (Ex. Ka.5) was prepared and the said information was entered in the general diary report dtd. 30/3/2013 at about 00.45 A.M. (Ex. Ka.4) by constable Kailesh Nath (PW6).