MANOJ GAUTAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant has been convicted and sentenced to 10 years imprisonment along with a fine of Rs. 80,000/- under Section 6 of POCSO Act. In default of payment of fine, he was to further undergo rigorous imprisonment for a period of 2 years.

(2.) The narration of facts first.

(3.) A complaint Ex.P11 was given by the mother of the victim on 02.11.201 Her 4 year old daughter was studying in Sarv Vidhya Public School, Indri. She had lodged a complaint against the Principal alleging penetrative sexual assault on her minor daughter. Her daughter was admitted in this School few months earlier. She had sent her daughter to school in the school Van on 31.10.201 The allegations were that after the school was over, the Principal, namely, Manoj Gautam called the child victim to his room and asked her to remove her clothes and she refused, the accused forcibly removed her clothes on the pretext that she was to be given an injection. Thereafter, he inserted his finger in the vagina and touched the vagina with his penis and tried to penetrate. The complainant asked the police to inquire into the occurrence.