MOHAMMAD REHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order dtd. 26/7/2019, passed by the First Additional Session Judge/Special Judge (POCSO Act), Kaushambi in Sessions Trial No.125 of 2016, arising out of Case Crime No.319 of 2016, under Ss. 452, 377, 506 IPC, Sec. 3 and 4 POCSO Act and Sec. 3(2)(v) SC/ST Act, Police Station Pipari, District Kaushambi; whereby the appellant Mohammad Rehan has been convicted under Sec. 452 IPC and sentenced to five years imprisonment alongwith fine of Rs.5,000.00; sentenced to ten years imprisonment alongwith fine of Rs.10,000.00 under Sec. 377 IPC; sentenced to two years imprisonment alongwith fine of Rs.2,000.00 under Sec. 506 IPC; sentenced to twelve years imprisonment alongwith fine of Rs.12,000.00 under Sec. 3 and 4 POCSO Act; sentenced to life imprisonment alongwith fine of Rs.15,000.00 under Sec. 3(2)(v) SC/ST Act and in default of payment of fine to undergo two months additional imprisonment, each. All the sentences to run concurrently.

(2.) Informant in the present case is the mother of the eleven year old male child, who has been subjected to unnatural offence. The informant (PW-1) is Pasi by caste and is a vegetable seller. She is a original resident of village Saiyed Sarawan, Police Station Charwa, District Kaushambi and had taken a house on rent in village Akbarpur where she lived alongwith her family. On 20/8/2016 the informant had gone to Mundera Mandi for selling vegetable whereafter she returned at about 3.00 PM. When she arrived at her house she was informed by her ten year old son that he was playing in front of the house when the accused on the pretext of offering toffee took him inside the house and subjected him to unnatural offence. The minor son of the informant was weeping outside the house when the informant returned. Informant then attempted to raise a protest with the accused, who threatened her with knife, whereafter the informant came to the Police Station. On the basis of such written report (Ex.Ka.1) First Information Report came to be lodged at Police Station Pipari, District Kaushambi as Case Crime No.319 of 2016 under Ss. 377, 506 IPC, 3 and 4 POCSO Act and 3(2)(v) SC/ST Act. The FIR has been lodged on 21/8/2016 at 7.30 in the morning in respect of incident occurred on the previous day i.e. 20/8/2016 during afternoon hours. The investigation proceeded in the matter and the blood sample and underwear of the victim and the accused was taken and sent for scientific examination to the FSL. The victim was also examined by Dr. Himanshu (PW-5) at the Primary Health Centre, Chail at Kaushambi. Following injuries have been found on the victim:-

(3.) In the opinion of the doctor the injury was simple in nature and caused by hard and blunt object. The victim was referred to district hospital for expert opinion and further evaluation. Investigation proceeded further and ultimately a charge-sheet came to be submitted by the Circle Officer, Chail on 27/8/2016. The concerned Magistrate took cognizance of the charge-sheet and committed the case to the court of Sessions where it got registered as Sessions Trial No.125 of 2016. The concerned court of Sessions framed charges against the accused appellant on 24/6/2017 under Ss. 452, 377, 506, POCSO Act and 3(2)(v) of SC/ST Act. The accused denied the accusations and demanded trial.