LAWS(P&H)-2016-5-460

MANOJ Vs. STATE OF HARYANA

Decided On May 09, 2016
MANOJ Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) Lower Court record has been received. The petitioner is challenging the conviction and sentence recorded by the Courts below.

(2.) Fir No. 28 dated 01.04.2013 was registered by complainant Rameshwar at Police Station Nathu Sarai Chopta for the offence under Sections 376 and 452 IPC. The allegations in the FIR were that on 31.03.2013 the prosecutrix was at home alone when Manoj, their neighbour entered the house and raped her. The accused fled from the spot after pushing him. The case was investigated. The accused was arrested. He was found to be a juvenile, therefore, was forwarded to Juvenile Justice Board( for short, the Board) for enquiry.

(3.) Notice of accusation for the offence under Sections 376 and 452 IPC and Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012 (for brevity, the POCSO Act) was served. During enquiry, the prosecution produced eleven witnesses, including the prosecutrix, her brother, the doctor and the investigating officer.