AKSHAY Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant herein has been convicted and sentenced for the offences punishable under Ss. 302, 452 of the Indian Penal Code and Sec. 4 of the POCSO Act by the trial Court vide impugned judgment.

(2.) As per prosecution, on 26/7/2014, 'A', a minor, was brought to Government Hospital, Panipat at about 4:00 p.m. with history of burn due to stove burst. MLR, Exhibit P-4, was prepared by Dr. Raghvendra Singh (PW-2) who referred her to PGIMS, Rohtak. She was admitted at PGIMS Rohtak on the same date. On an application moved by PW-10 ASI Suresh Kumar on 27/7/2014, 'A' was opined to be unfit to make statement by Dr. Jitender Singh Chauhan (PW-18). On 30/7/2014 she was found to be fit to make statement. PW-10 ASI Suresh Kumar recorded statement of 'A' Exhibit P-7 which reads as under :-

(3.) On the aforesaid statement FIR No.136 dtd. 30/7/2014 was registered against the appellant for the offences punishable under Sec. 452, 376(2), 307 of the IPC and Sec. 6 of the POCSO Act.