FATEH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This revision has been preferred by the petitioner against the judgment dtd. 17/11/2016 passed by learned Additional Sessions Judge, Faridkot upholding the judgment of conviction and order on quantum of sentence dtd. 19/7/2016 passed by learned Principal Magistrate Juvenile Justice Board, Faridkot vide which petitioner has been convicted under Ss. 377 of Indian Penal Code and Sec. 5 of Protection of Children from Sexual Offences Act, 2012 and was directed to be sent to Special Home/fit institution for a period of 02 years.

(2.) As per prosecution on 12/4/2014, Sheela Rani wife of Tulsi Ram (complainant-mother), was present in house alongwith two minor children. At about 3.00 PM, her son aged about 05 years (victim) went in street for playing. When he did not return, complainant alongwith her sister-in-law Paramjit Kaur (Jethani) went outside in order to search him. When both reached near house of Ram Singh, heard shriek of his son, saw that son of Ram Singh (petitioner herein) has put off his pant and nicker, was committing sodomy with minor son (victim). She picked up her son and telephonically informed her husband.Victim was taken to Civil Hospital, Jaitu, from where he was referred to GGS Medical College and Hospital, Faridkot, where police officials met her and her statement was recorded. Medico-legal examination of victim was conducted. Arrest of petitioner-juvenile was effected.

(3.) On assessing all the material available on the record, the petitioner was convicted vide judgment dtd. 19/7/2016 by learned Principal Magistrate Juvenile Justice Board, Faridkot. Aggrieved by the same, the petitioner preferred an appeal, which was dismissed by learned lower Appellate Court vide judgment dtd. 17/11/2016.