SANJAY Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction dtd. 27/10/2014 and order on quantum of sentence dtd. 28/10/2014 passed by the Additional Sessions Judge, Faridabad, whereby accused-appellant (Sanjay) has been convicted and sentenced as under:- <FRM>JUDGEMENT_4_LAWS(P&H)2_2022_1.html</FRM>

(2.) Brief facts, as culled out from the paper-book, are that on 11/5/2014, complainant-Neetu Devi along with her husband-Bushan Singh and daughter-victim came to the police station and got recorded her statement to the effect that on 10/5/2014, her daughter, aged about 04 years, had gone to the shop of Sanjay for purchasing curd. When for a long time she did not return, complainant had gone to see her, whereupon she found that her daughter was coming from the shop of Sanjay. She inquired from her daughter, where she was, then her daughter told her that uncle, wearing red T-shirt, had taken her inside the room and tried to commit rape upon her after removing her pant. Thereafter, she revealed that at that time, Sanjay was being called by some person from outside, who after leaving her inside, came outside for attending that person. She tied her trouser and came out. Thereafter, Neetu Devi asked Sanjay about the incident, whereupon he (Sanjay) got frightened, closed his shop and fled away. She narrated this fact to her husband.

(3.) On the basis of statement/complaint made by complainant Neetu Devi, FIR No. 166 dtd. 11/5/2014, under Ss. 376, 511, 342 IPC and Sec. 4 of Protection of Children from Sexual Offences (POCSO) Act, was registered at Police Station, Chhainsa, Faridabad. During investigation, accused-appellant was arrested, who suffered a disclosure statement Ex.PF. victim was medico-legally examined and her ossification test was got conducted. Rough site plan was got prepared. On completion of investigation, report under Sec. 173 Cr.P.C. was prepared and presented in the Court of Illaqa Magistrate. Vide order dtd. 15/7/2014, Illaqa Magistrate committed the case to the Court of Sessions. Copies of challan and other documents were supplied to the accused-appellant free of costs, as envisaged under Sec. 207 Cr.P.C.