AKHLAK Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant has filed this appeal assailing the judgment of conviction dated 24.8.2017 and order of sentence dated 25.8.2017 of the Additional Sessions Judge, Faridabad, under sections 365,377, 506 IPC and section 6 of the POCSO Act in the following terms:- <FRM>JUDGEMENT_12_LAWS(P&H)11_2017_1.html</FRM>

(2.) Briefly stated, the accused as a tenant, was running a refrigerator repairing shop in village Dhauj. The child, (hereinafter referred to as "the victim") son of the complainant Salauddin, aged 12 years, had become a friend of the appellant since last 1 &#189; years and thus, both were on visiting terms with each other. The victim and the appellant along with motorcycle bearing registration no. HR-51-AT-8924 went missing in the evening of 14.6.2016 and despite best efforts, they could not be traced. Therefore, the complainant moved an application Ex.PD, to the police raising suspicion that some one had kidnapped them, which culminated into the FIR. During investigation, the statements of the material witnesses were recorded. The victim was recovered from the custody of the appellant. The aforesaid motor-cycle was taken into possession from the appellant. The appellant and the victim were got medico-legally examined. After completion of necessary formalities, report under section 173 of the Code of Criminal Procedure was presented before the court.

(3.) After complying with the provisions of section 207 of the Code of Criminal Procedure, copies of challan were supplied to the accused. They were charge sheeted under sections 365, 377, 506 IPC and 4 of the Protection of Children From Sexual Offence Act, 2008 (in short the "POCSO Act".