DINESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant, being aggrieved against the judgment of conviction dated 3.6.2017 holding him guilty under sections 367/377, 506 IPC and section 6 of the Protection of Children from Sexual Offence Act, 2012 (hereinafter referred to as "the POCSO Act") and order of sentence dated 05.06.2017 by the learned court below:- <FRM>JUDGEMENT_8_LAWS(P&H)11_2017_1.html</FRM>

(2.) Briefly stated, on 21.6.2016 on receipt of a telephonic message at Police Station Badhra regarding admission of a minor victim for treatment being a sexually assaulted, from Community Health Centre (for short "CHC) at village Gopi, ASI Jeet Ram along with his team reached there, where maternal uncle and maternal grand father of the victim, namely, Kuldeep and Ram Chander, respectively, met him and handed over a medical ruqa, medico-legal report along with a written complaint of the victim with the allegations that he was aged 14 years, studying in 10th standard in Government School village Bhagina. Around 12.30/1.00 A.M on the intervening night of 20/21.6.2016, when in the marriage function of his maternal uncle, they were dancing on Disk Jockey (for short "DJ"), the appellant-accused Dinesh asked to accompany him on his motorcycle and to bring the motorcycle back after dropping him at his house and hand over the same to his maternal uncle. Whereupon, the victim accompanied the appellant-accused on his motorcycle, who took him to the fields near Loharu canal situated at some distance from village Badhra. The accusedappellant removed the cloth of the victim and committed carnal intercourse with him. Thereafter the accused threatening him with dire consequences, in case, he disclosed the incident to anyone, brought the victim back on his motor cycle and left him near the house of his maternal uncle. On the basis of the aforesaid complaint, criminal law was set into motion. During investigation, the accused-appellant was arrested and after completion of necessary investigation, a report under section 173 of the Code of Criminal Procedure was submitted against the accused-appellant under sections 367/377/506 IPC and sections 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and 6 of the POCSO Act.

(3.) The trial court, after conclusion of the trial, recorded conviction and sentence of the appellant in the manner as narrated in the opening paragraph of the judgment.