NATTU Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal under Section 374 Cr.P.C. has been filed against the judgement and order dated 25.11.2016 passed by Additional Sessions Judge, Court No.5, Gonda in Special Case No.01 of 2015, Case Crime No.337 of 2014 under Section 376 I.P.C. and Section 5/6 POCSO Act, Police Station Kotwali Mankapur, District Gonda, whereby the appellant has been convicted and sentenced in Section 376 I.P.C. for ten years Rigorous Imprisonment and Rs.10,000/- fine and in default of payment of fine 6 months additional Rigorous Imprisonment and in Section 5/6 of POCSO Act, 10 years Rigorous Imprisonment and Rs. 10,000/- fine and in default of payment of fine the appellant would be served 6 months additional Regorous Imprisonment. All the sentences would rune concurrently.

(2.) The brief facts relevant for disposal of this appeal are that one Jokhna wife of Jhinku R/o Bharhu, Police Station - Kotwali Mankapur, District - Gonda has submitted a written complaint in the Police Station - Mankapur, District Gonda on 11.10.2014 to the effect that on 29.9.2014 the complainant had gone to take medicine for his son at Gonda. The daughter of the complainant was at the residence. The grand daughter aged about 2 years was playing at the door of one Jagdeo at about 2 PM. At that time, the accused Nattu @ Suresh took her at some distance and put his finger in the private part of the victim, due to which blood oozed out, then he left the victim and ran away. Hearing weeping sound of the victim, the daughter of the complainant Sitam rushed towards the victim and took the victim from the scene of occurrence and saw the applicant running away from there. Other villagers had also seen him. Therefore, a request was made to lodge the report. On the basis of this written complaint, on which there was thumb impression of complainant, the F.I.R. was lodged under Section 376 I.P.C. and Section 5/6 POCSO Act being Case Crime No.337 of 2014 on 11.10.2014 and an entry to this effect was made as G.D. No.11 at 8.45 on 11.10.2014. Investigation proceeded. The investigated officer visited the scene of occurrence, prepared a site plane and recorded the statement of witnesses. The victim was sent for medical examination and she was medically examined on 11.10.2014 itself. On the basis of erupted teeth, her dental age was found between 2 and 1/2 years. After investigation, the Investigating Officer filed chargesheet against accused under Section 376 I.P.C. and Section 5/6 POCSO Act. The case being triable by sessions was committed to the court of Sessions. The accused was summoned and charges under Section 376 I.P.C. and Section 5/6 POCSO Act were framed, to which he denied and prayed for trial.

(3.) On behalf of prosecution total 10 witnesses have been produced, wherein PW.1-Jokhna, who is the complainant of this case, PW.2 Radha, PW.3 Sitam mother of the victim), PW.4 Mahesh father of the victim), PW.5- Shashikant Yadav, Investigating Officer, PW.6 Dr. Lalita, Consultant District Women Hospital, Gonda, PW.7 Dr. Anil Kumar Singh, Pathologist, District Women Hospital, Gonda, PW.8 Dr. R.C. Verma, Senior Consultant, District Women Hospital, Gonda, PW.9- Constable Sidhu Prasad, and PW.10 - Dr. Surendra Kumar Gaur.