SUKHVIR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard the learned counsel for the appellant and learned AGA for the State.

(2.) This appeal has been preferred by the appellant Sukhvir alias Lala against the judgment and order dtd. 19/9/2020 passed by Additional Sessions Judge, court no.1/ Special Judge (POCSO Act) Mathura in S.T. No.62/2015 (State of U.P. vs. Sukhvir alias Lala and ors) under Sec. 147, 302, 376D, 34 IPC and Sec. 5/6 POCSO Act arising out of case crime no.303 of 2015 P.S. Kosi Kalan, District Mathura whereby the appellant has been sentenced to life imprisonment with fine.

(3.) The allegations of the FIR are that on 19/4/2015 at about 8:00 p.m. the 13 years old daughter of the informant was returning home after attending the nature's call. On the way, Sukhvir called her in the room situated in the gher (court yard) of Ramkishore and pushed her inside the room and shut the doorknob from outside. Dinesh, Vikram, Deepak and Vinay who were already present in the room, sexually assaulted her. When the victim did not return for about an hour, the informant with his wife went to search her. They heard the screams of the victim from the room of Ramkishore. The informant and his wife reached there and opened the door, Dinesh, Vikram, Deepak and Vinay Kumar ran away, pushing the informant and his wife and extending death threat. The victim was found in perplexed condition. The informant and his wife took the victim to their house, the victim narrated the entire incident. Due to fear of the accused, informant kept the victim at his house in the night. In the morning of 20/4/2015 at about 4:00 am the victim being perturbed by the incident attempted suicide by putting herself on fire. She was taken to Harmilap Hospital where she has been admitted.