MAHENDRA Vs. STATE OF U P

JUDGEMENT

(1.) The present jail appeal under Section 383 Cr.P.C. has been filed by accused-appellant Mahendra through Superintendent of Jail, Firozabad against the judgment and order dated 21.2.2014 passed in Sessions Trial No. 483 of 2013, convicted under Section 5 (m), 5 (i) read with 6 of Protection of Children from Sexual Offence, 2012 (hereinafter referred as 'POCSO Act, 2012') whereby he has been sentenced to undergo life imprisonment along with a fine of Rs. 10,000/-for offence under Section 5(m) read with Section 6 and further has been sentenced for similar sentence i.e. life imprisonment and fine of Rs. 10,000/- for offence under Section 5(i) read with Section 6 of POCSO Act, 2012. In the event of default of payment of fine, he has been directed to further undergo one year additional imprisonment on each count. All the sentences were directed to run concurrently.

(2.) Prosecution case in short is that on 20.8.2013 at 7:35 p.m., P.W.1, Informant Nirosh Chandra, went along with his grand daughter victim (name of victim is not being disclosed and she is being addressed as a victim) aged about 9 years at Police Station (P.S.) Kahairgarh, District Firozabad and submitted a written report (Ex.Ka.1), stating therein that on the said day victim had gone to the fields for grazing she-goats. In the evening at 6:00 p.m. appellant Mahendra son of Banvari Jatav, dragged her away in Bajra (maiz crops) field of Pappu, committed rape upon her, left victim in injured state and fled away thereafter. Information of the incident was given to him by one Ram Sanehi resident of his village. Thereafter Informant, his son Ram Avtar and other villagers of his village rushed to the place of occurrence and found victim groaning due to pain.

(3.) On the basis of written report (Ex.Ka.1), P.W.5 Head Moharrir Dharam Pal Singh lodged report on 20.8.2013 at 7:35 p.m. at Case Crime No. 114 of 2013, under Sections 376 I.P.C., 3A and 4 of POCSO Act, 2012 and also prepared chick report (Ex.Ka.6). He made relevant corresponding entry in General Diary at Report No. 42, a copy whereof is Ex. Ka.7 on record. After registration of the case, investigation was undertaken by P.W.7, Station Officer, Manoj Kumar, who recorded statement of Informant, P.W.1 and scribe of the written report, Mukesh Kumar. Victim was sent for medical examination and treatment to District Hospital as she was suffering from severe pain and agony. Thereafter he proceeded to spot, prepared site plan (Ex.Ka.10) of the place of occurrence on pointing out of Informant. During investigation, he arrested accused-appellant Mahendra; copied statement of victim recorded under Section 164 Cr.P.C. in case diary and sealed clothes of the victim which were later on sent for forensic test.