SUNIL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Both the above mentioned criminal appeals i.e. CRA-S-489-2020 and CRA-S-776-2020 have been listed together for hearing as these arise out of a common judgment of conviction and order of sentence of the Court of learned Additional Sessions Judge/Special Judge, Panipat. As such, both the above mentioned criminal appeals are being decided by a common judgment.

(2.) Both the aforesaid appeals have been preferred against the judgment of conviction dtd. 8/11/2019 and order of sentence dtd. 15/11/2019. Both the appellants have been convicted under Ss. 342/34, 323/34 of the Indian Penal Code (for short 'IPC'). Furthermore, Sunil @ Bala-appellant was convicted under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (for short 'Act, 2012') and Kamla-appellant was convicted under Sec. 17 of the Act, 2012 and vide order dtd. 15/11/2019, the appellants were sentenced as following:-Sunil @ Bala-appellant <FRM>JUDGEMENT_221_LAWS(P&H)4_2022_1.html</FRM>

(3.) The facts as put forth by the prosecution are to the effect that on 20/3/2017, Amarjeet Singh Narwal, President, Bal Anathalya Sondhapur, Panipat, submitted an application to the Incharge, Police Post Samalkha informing that on 19/3/2017 Lady ASI Yogesh Kumari and Head Constable Parmod Kumar, from Police Post Samalkha had brought the victim, aged about 7-8 years, who was resident of Gwalior (U.P.). As per the orders of Child Society after getting her medically examined. The victim was left in the Bal Anathalya. Basanti and Birmati were working as wardens in the Anathalya and used to look after the small children with respect to the meals and bath etc. On 20/3/2017, Basanti and Birmati told the complainant that while they were giving bath to the victim, they saw severe wounds near her private parts with the signs of burning. The victim was very much frightened and it appeared that someone had done wrong act with her. On the basis of the said application, the FIR was registered and the investigation was conducted.