RAKESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been directed against the judgment of conviction dtd. 5/2/2020 and order of quantum of sentence dtd. 6/2/2020 passed by the learned Additional Sessions Judge (Fast Track Court), Gurugram in Sessions case No.198 of 2018 titled State v. Rakesh whereby the appellant-accused had been held guilty for commission of offence punishable under Sec. 6 of The Protection of Children from Sexual Offence Act, 2012 (for short "POCSO Act") and had been sentenced to undergo rigorous imprisonment for a period of 20 years and to pay fine of Rs.50,000.00 and in default of payment of fine, he was further sentenced to undergo rigorous imprisonment for a period of one year. Simultaneously, the victim was directed to be paid compensation of Rs.5.00 lacs by DLSA, Gurugram.

(2.) Brief matrix of the case is that on 21/10/2016, on receipt of an information regarding an incident of rape having taken place with a three years' old girl in the area of Basai Enclave, Gurugram and she being referred to General Hospital, Gurugram, a police party headed by PW-2 ASI Amandeep Kaur reached there and recorded statement of mother of the victim "R" (name withheld) who alleged that the victim "S" (name withheld) who was her three years old daughter was playing outside her jhuggi at about 7.30 PM on the same evening while she was cooking meals. Her daughter had suddenly disappeared. She started making search for her and found her while crying in front of Green Field Public School. She brought the victim back to her jhuggi and on reaching there, the victim complained of pain on her private parts. The complainant noticed blood oozing out of her private parts. In the meanwhile, her husband "A" (name withheld) also reached there and they took the victim to a private doctor who advised them to take her to some Government hospital. The victim was medico legally examined. She was also examined by a gynecologist and was referred to Safdarjang Hospital, Delhi as her condition was critical. After her discharge from the hospital, she was taken by the police to the place of occurrence on 25/10/2016 which was identified by her. The accused Rakesh was also arrested on the same night on the basis of some secret information. He was interrogated and suffered disclosure statement admitting his involvement in the crime and demarcated the place of occurrence. He also got recovered capri/underwear of the victim from the bushes existing near the spot of occurrence. The statement of the mother of the victim under Sec. 164 Cr.P.C. was recorded on 26/10/2016. The medico legal examination of accused was also conducted and his blood samples were taken for DNA profiling.

(3.) After completion of necessary investigation and usual formalities, challan under Sec. 173 Cr.P.C. was presented for trial of the accused. The case was committed to the Courts of Sessions. On finding a prima facie case for commission of offence punishable under Sec. 6 of POCSO Act, the accused had been charge-sheeted accordingly. He pleaded not guilty and claimed trial.