KAMLESH Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgement and order dated 8.1.2015 passed by Special Judge, Protection of Children from Sexual Offences (POCSO), Act / Additional Sessions Judge, Court No. 1 Kannauj in S.T. No. 2/14 (State Vs. Kamlesh) arising out of Crime No. 565 of 2013, under Sections 376, 511 I.P.C. and Section 8 Protection of Children from Sexual Offences, Act, Police Station Tirwa, District-Kannauj, whereby the accused appellant was found guilty under Section 376 and 511 I.P.C. and Section 8 Protection of Children from Sexual Offences Act and was sentenced to 3 years imprisonment with Rs. 1,000/- rupees fine with default stipulation.

(2.) Filtering out the unnecessary details the prosecution case is that on 24.12.2013, the daughter of the informant Radha Krishna aged about 11 to 12 years was collecting Neem leaves at 3 p.m. from the field of Mohan Lal, suddenly Kamlesh accused aged about 25 to 26 years came there and took the victim in the fields of Ganga Charan on the pretext that he would give her guava to eat, but as soon as the victim and the accused reached the mustered field of Virendra, the accused derobed the victim and tried to rape her. The victim raised alarm, on which one Deepu reached the spot. When Deepu raised alarm the accused fled away. Deepu brought the girl home, who narrated the whole incident to her father and other family members, hence F.I.R. has been lodged.

(3.) The victim was medically examined by Dr. Archana Singh, P.W. 4, who did not find any mark of injury on the body of the victim. She proved the medical report as Exhibit Ka-2 and the supplementary report as Exhibit Ka-3.