PAWAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an application under Sec. 5 of Limitation Act read with Sec. 482 Cr.P.C. for condonation of delay of 155 days in filing the appeal.

(2.) Learned counsel for the appellant inter alia submits that the occurrence is alleged to have taken place on 18/9/2017. Six days later on 24/9/2017, a complaint for registration of case against the appellant was moved by PW-2 Pardeep Kumar Garg (father of alleged victim) before S.H.O. of P.S. Saran, Faridabad, alleging that his daughter (victim, age 12 years/DOB: 15/1/2005 as per school record) student of 7th class was upset from few days and when his wife asked the daughter about the same then she disclosed that the appellant dragged her to bathroom and he removed her lower (trouser) and also removed his own clothes and then he touched her private part with his own private part and further the appellant threatened her that in case she disclosed about the same to the parents then he will kill her and this incident has taken place thrice in a week.

(3.) Pursuant thereto, present FIR No.877 dtd. 24/9/2017,was registered under Ss. 376,506 IPC and Sec. 6 of the POCSO Act at P.S. Saran, District Faridabad. The statement of victim was also recorded by Legal Aid prosecution counsel but this witness was given up. The alleged victim was medico legally examined at Civil Hospital Faridabad but no mark of external injury was seen. On 22/11/2017, charges under Ss. 376(2)(i)(n), 506 IPC and Sec. 6 of the POCSO Act were framed against the accused/appellant. Thereafter, trial commenced, and the following witnesses were examined: -