ARUN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction dtd. 6/4/2015 and order of sentence dtd. 8/4/2015 vide which the appellant has been held guilty under Ss. 376(2)(i), 376(2)(n) of Indian Penal Code (for short, IPC) and under Sec. 3 and 5(1) of Protection of Children from Sexual Offences Act, 2012 (for brevity, POCSO Act) and sentenced for a period of 10 years with a fine of Rs.5000.00 each under Ss. 376(2)(i), 376(2)(n) IPC and Sec. 5 of POCSO Act. In default of payment of fine, he was required to undergo further rigorous imprisonment for six and three months respectively. Under Sec. 3 of POCSO Act, he was awarded rigorous imprisonment for seven years with a fine of Rs.3000.00. In default whereof further imprisonment for 2 months was awarded. All the sentences were ordered to run concurrently.

(2.) The facts of the case are that a complaint, Ex.PD was sent by the Member, Child Welfare Committee, Yamuna Nagar, wherein it was mentioned that on 5/7/2014 a child had come to the police station with her brother and aunt and informed that her mother and the appellant used to take liquor together and on the asking of her mother she had been sexually exploited by the appellant. Her counselling was done and the matter was reported to the police for taking action. The victim was sent to Shelter Home, Chhachhroli.

(3.) On the basis of complaint, FIR (Ex.PE) was registered under Sec. 376 read with 34 IPC and Sec. 4 of POCSO Act. The victim was taken to the Magistrate and her statement under Sec. 164 Cr.P.C., 1973 was recorded. She disclosed that she was staying at Children Home. In the month of June, 2014 she had come home during summer vacations. Arun had been coming to their house for the last about three years. He and her mother used to consume liquor. In inebriated condition, he used to beat her and committed wrong acts with her and was raped thrice in the month of June the previous year. Her mother was not involved in it as she became unconscious after taking liquor.