SHIV SHANKAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant criminal appeal has been preferred by the appellant /accused against the judgment and order dated 04.09.2013 and 06.09.2013 respectively passed by the Additional Sessions Judge, Gurgaon, whereby, the appellant was convicted and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs. 50,000/- under Section 6 of POCSO Act and in default of payment of fine, to undergo further rigorous imprisonment for period of 01 year in case FTRNo.58 dated 24.02.2013, registered under Section 376 of Indian Penal Code and Section 6 of POCSO Act at Police Station Sector 10, Gurgaon.

(2.) In brief, the facts of the case are that, on 24.02.2013, complainant-Shripat moved a complaint to the police that he was living with his family in a rented room in the house of one Rajesh. His daughter (victim), who was about 8 years old, used to stay alone at home when he and his wife used to go for work. The accused was residing in the adjoining room. On 20.02.2013, after the complainant and his wife had gone for work, the accused enticed away his daughter to his room and committed rape upon her. When the complainant and his wife came back from the work in the evening, their daughter disclosed about this incident to her mother, who specifically named the accused responsible for this bad act. Thereafter, the complainant and his wife went out in search of the accused, but he could not be found.

(3.) On the basis of aforesaid complaint, the instant case FIR was registered. During investigation, statements of the victim, her mother and one Birma were recorded. The accused was arrested. Rough site plan was prepared. Medical examination of the victim was conducted. Statement of the victim was got recorded under Section 164 Cr.P.C. . During the course of investigation, statement of the witnesses were recorded and after completing the investigation, challan was presented in the court.