NETRAM BAGHEL Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in the appeal is to the Judgment and order passed by Atul Srivastava, learned Additional Sessions Judge, Court No. 8, Mathura on 6.2.2015 in Special S.T. No. 13 of 2014, State Vs. Netram Baghel arising out of Case Crime No.243 of 2013 under Sections 345A, 376, 504, 506 I.P.C. and Section 4 POCSO Act, Police Station Shergarh District Mathura whereby the accused Netram was found guilty under Sections 354A, 376, 504 & 506 and Section 4 Protection of Children from Sexual Offences Act and was sentenced to one year's rigorous imprisonment and fine of Rs.1,000/- under Section 354A; seven years rigorous imprisonment and fine of Rs.5,000/-under Section 376 I.P.C.; six months rigorous imprisonment and fine of Rs.1000/- under Section 504 I.P.C.; and one year's rigorous imprisonment and fine of Rs.2,000/- under Section 506 I.P.C. Further the accused was found guilty and sentenced to seven years rigorous imprisonment and fine of Rs.5000/- under Section 4 POCSO Act with default stipulation.

(2.) Filtering out unnecessary details, the prosecution case is that a report was lodged by one Parsadi stating that on 24.11.2013 at 6 p.m. his granddaughter aged ten years had gone to the municipality tap to fill water. The accused Netram was standing there. He took the victim to his room on the pretext of giving her money, dropped her on the cot and started biting her cheeks. He also fondled her beast and took off her 'nekar' (knickerbockers) of the victim. When the victim screamed, Rajan, son of the informant, reached the spot at which Netram fled away from the room abusing everyone.

(3.) Investigation was entrusted to the Investigating Officer S.I. Shambhu Dayal Sharma P.W. 5. On 29.11.2013 he copied the report in the case diary. On 3.12.2013 the statement of the victim was recorded and she was sent for medical and ossification test. The spot was inspected at the instance of the victim. The site plan was prepared and proved as Ext.Ka-5. The report regarding the age was obtained. The age certificate was proved as Ext.Ka-6. On 4.12.2013 the medical report of the victim was obtained which was copied in the case diary. The statement of the victim was got recorded under Section 164 Cr.P.C. The supplementary pathological report of the victim was obtained and sections 376 I.P.C. and Section 4 POCSO Act was added in the matter. On 16.12.2013 the statement of Koravi Gagan was recorded. After that, investigation was transferred to S.O. Santosh Kumar (P.W.6), who further carried on the investigation. On 13.3.2014 the statement of the accused was recorded in jail. He lastly submitted charge sheet and proved it as Ext.Ka-7. The victim was medically examined by P.W.4 Vineet Singh, who proved the medical report Ext.Ka-3. The age of the victim was found to be below 15 years. The supplementary report was proved as Ext.Ka-4.