KUNTESH Vs. STATE OF U.P.

JUDGEMENT

(1.) The present criminal appeal has been preferred against the judgement and order dtd. 31/1/2019 passed by Additional Sessions Judge/Special Judge (POCSO Act), Court No. 1, Auraiya in Special Case No. 34P/2017 (State Vs. Kuntesh), arising out of Case Crime No. 121 of 2017, u/s 376, 323 IPC and 3/4 Protection of Children From Sexual Offence Act, Police Station - Ayana, District - Auraiya. thereby convicting and sentencing the appellant for life imprisonment and fine of Rs.50,000.00 for the offence under Sec. 376 IPC, in default of payment of fine one year additional R.I, 01 year R.I. for the offence under Sec. 323 IPC, and of 10 years R.I and fine of Rs.50,000.00 for the offence under Sec. 3/4 Protection of Children From Sexual Offence Act, in default of payment of fine 01 year additional R.I. All the sentences were directed to run concurrently.

(2.) A brief narrative of the prosecution story, as discernible from the N.C.R., is that on 9/5/2017 at around 12:00 noon, the daughter of the informant had gone to buy some item from the shop of Kunwar Singh. After purchasing the item when she reached near the house of Kuntesh, the accused-appellant, he had pressed the throat of the victim due to which she fell down and become unconscious.

(3.) On the basis of written report, an FIR bearing case crime no. 121/2017 under sec. 323, 354-B of IPC and 7/8 of POCSO Act was registered against accused Kuntesh on 10/5/2017 at 4:30 pm at police station - Ayana, District - Auraiya. During investigation on the basis of the statement of the prosecutrix recorded under Sec. 164 C.r.P.C. offence under Sec. 376 IPC was added to the matter. After completion of investigation, the Investigating Officer submitted charge-sheet against the accused, Kuntesh under Ss. 323, 376 of IPC and Sec. 3/4 POCSO Act.