CHHOTAK BANVASI Vs. STATE OF U.P.

JUDGEMENT

(1.) The present jail appeal has been filed by the appellant Chhotak Banvasi against the judgment and order dated 30.10.2015 passed by Special Judge (POCSO)/ Additional Sessions Judge, Court No. 5 Varanasi, in Sessions Trial No. 172 of 2013 arising out of Case Crime No. 296 of 2013, Police Station Rohaniya, District Varanasi convicting the appellant under Section 376 IPC and section 6 of Protection of Children from Sexual Offences Act (in short the POCSO Act) and sentencing him under Section 6 of POCSO Act to twelve years rigorous imprisonment with fine of Rs. 15,000/-; and in default of fine two years' additional rigorous imprisonment. It was further directed by the lower court that half of the fine shall be paid to the victim and District Legal Services Authority was directed to pay compensation of Rs. 25,000/- separately as per rules.

(2.) Prosecution story in brief is that on 1.7.2013 written report (Ext. Ka-2) was moved by complainant/informant Subhash at concerned police station mentioning therein that yesterday on 30.6.2013 at 9.30 p.m. his niece (victim) aged about five years was sleeping with her sister in a room of tin shed in which there was no door. At 11 p.m. Accused appellant aged about 19 years, brought up the victim to the field and committed sexual intercourse with the victim. They also found the symptom of rape on the body of the victim. Hindi version of the F.I.R. is quoted below:- ...[VERNACULAR TEXT OMITTED]...

(3.) On the basis of written report (Ext. Ka-2) F.I.R. was lodged on 1.7.2013 at 6.20 a.m. against the accused appellant and entry was made in G.D. (Ext. Ka-6). Accused was medically examined. Victim girl brought by police concerned was also medically examined on 1.7.2017 at I.M. Hospital Varanasi brought by police concerned. Injury report is (Ext. Ka-3), Statement recorded under section 164 Cr. P.C., 1973 of the victim is (Ext Ka-1). Half pant of the victim (Ext. Ka-9) and Tshirt of the accused (Ext. Ka-10) were recovered and sent to the Forensic Science Laboratory. Chemical examination report is (Ext. Ka-12). Age certificate of victim is (Ext. Ka-7) in which her age was found about 5 years. After interrogating the witnesses preparing the site plan and also fulfilling the entire formalities charge sheet (Ext. Ka-11) was filed.