SUDAM ANSARI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The revision petition has been filed challenging the correctness of judgments passed by the Principal Magistrate, Juvenile Justice Board, S.A.S. Nagar and the learned Special Court convicting the petitioner under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "the POCSO Act").

(2.) In brief, the case of the prosecution is that on 20.08.2014, the first informant-Mohammad Sadeek got recorded his statement to the effect that he is working as a labourer. He has three daughters and two sons. His eldest daughter Karina, aged about 15 years, resides in village Reekpur, State of Uttar Pardesh, whereas his two daughters and two sons are residing with him at SAS Nagar (Mohali). The prosecutrix, aged about 13 years, had studied upto 5th class. She used to go to learn stitching work from the wife of Santokh Lal, residing nearby. On 19.08.2014, the prosecutrix had gone to the house of Santokh Lal at 11.00 a.m. but she did not return back home. After having searched for her, the matter was reported to the police. The first informant stated that he had suspicion that some unknown person might have enticed her away.

(3.) The prosecutrix was recovered from residential room in the factory on 12.11.2014. After medical examination, she was produced before the learned Judicial Magistrate where her statement under Section 164 Cr.P.C. was recorded. On completion of the investigation, the police submitted the final report. The petitioner was nominated as accused in the report. The Court further found that the petitioner is a juvenile. Thus, the petitioner was tried by the learned Principal Magistrate, Juvenile Justice Board, S.A.S Nagar.