MANISH ARORA Vs. U T CHANDIGARH

JUDGEMENT

(1.) Challenge has been laid here to the judgment of conviction dated 09.01.2015 and order dated 12.01.2015 vide which the appellant has been held guilty under Sections 10 and 12 of Protection of Children from Sexual Offence Act, 2012 (for brevity, POCSO Act) and 354-C IPC. He was sentenced to undergo rigorous imprisonment for seven years, three years and one year respectively. A fine of Rs.1 lakh was imposed under Section 10 of the POCSO Act. In default whereof he was required to further undergo rigorous imprisonment for six months. The appellant had been directed to pay Rs.3000/- and Rs.1000/- under Section 12 of the POCSO Act and Section 354-C IPC respectively, in default whereof further rigorous imprisonment for one month and seven days respectively was awarded. The appellant was also held guilty under Section 354-A IPC but no separate sentence under this head was awarded as sentence was already awarded under the graver offence under Section 12 of the POCSO Act. All the sentences were ordered to run concurrently. The fine, if realized, was ordered to be paid to Victims A and B, as compensation.

(2.) It was a case where the appellant was serving as a Supervisor with the Children Home for Girls, Chandigarh. The (girl) inmates made complaints (Ex.PA & Ex.PB) against him on the child help line about sexual abuse. The complaints were forwarded to the Department of Social Welfare on 03.04.2014 vide letter Ex.PC. A Committee was constituted on the same date vide Ex.PD. The Committee after enquiry, vide report dated 16.04.2014 (Ex.PE) recommended action against the appellant for sexually exploiting the child inmates. The Wardens Meena Sharma and Manjeet Kaur were also held responsible for not taking timely action despite well versed with the overt acts of the appellant. The operative part thereof reads as under:-

(3.) On the basis of enquiry report, a complaint was made to the police. Consequently, FIR No. 187 dated 21.04.2014 under Sections 354, 354-A IPC and Sections 10 and 12 of the POCSO Act was registered at Police Station Sector 11 Chandigarh and investigated.