PINTU Vs. STATE OF U P

JUDGEMENT

(1.) This Criminal Appeal has been filed by appellant-accused Pintu son of Lalji, aged 23 years, resident of Village Chiraiya, Police Station Than Gaon, District Sitapur against judgment and order dated 27.05.2016 passed by Special Judge, POCSO Act/Additional Sessions Judge, Court No.09, Sitapur, whereby appellant-accused has been convicted and sentences under Section 377 I.P.C. to rigorous imprisonment of 08 years together with fine of Rs. 5,000/- and also under Section 6 Protection of Children from Sexual Offences Act, 2012 to rigorous imprisonment of 10 years together with fine to the tune of Rs. 5,000/- and in default appellant-accused has also been sentenced to undergo imprisonment of one year each. The Court has also directed that both the sentence shall run concurrently.

(2.) Brief facts giving rise to his criminal appeal are that the complainant-Chhanga son of Bhairo Lodh, Resident of Village Chiraiya, Police Station Than Gaon, District Sitapur lodged an F.I.R. on 11.08.2013 in Police Station Than Gaon, District Sitapur that at about 2.30 p.m. when his son (shall be mentioned as "victim" to maintain secrecy) aged 07 years was playing in front of his house, appellant-accused Pintu came and took his son with him in side Bungalow of Payare Lodh and after gaging him with cloths, the appellant-accused committed unnatural intercourse with the victim. Victim started weeping and came back to his house where he narrated the whole story to the complainant and his wife. On written complaint (Exhibit Ka-1) an F.I.R. under 377 I.P.C. and Section 3Ka/4 Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "Act of 2012") was registered.

(3.) Investigation was handed over to Sub-Inspector Bhawani Shanker Singh, who visited place of occurrence and prepared site plan (Exhibit Ka-5). During investigation he recorded statement of witnesses under Section 161 Cr.P.C. and thereafter having found sufficient evidence against the appellant-accused, charge-sheet (Exhibit Ka-6) was filed in the Court.