SUKHWANT Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant has been convicted for the offences punishable under Sections 376, 506 IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act') by the learned Additional Sessions Judge, Special Court, Sonipat, vide impugned judgment dated 19.07.2016 and by a separate order dated 21.07.2016 he has been sentenced as under:-

(2.) Brief facts essential for the adjudication of the case are that FIR No. 45 dated 06.02.2015, was registered on the basis of a written complaint submitted by the prosecutrix/complainant. It was stated that the prosecutrix was 16 years old and had completed her studies till 8th standard. She had gone towards the Khera (vacant land of the Panchayat) for collecting wood (firewood) along with her sisters on 05.02.2015 at about 2.00.p.m. While collecting wood, her sisters got left behind and the present appellant, who is a resident of her village came in an inebriated condition. He caught hold of her, gagged her and forcibly took her to the sugarcane fields. The appellant then committed rape upon her. It is further averred that the victim raised alarm, but none heard her. At night, the appellant took her to the 'Paral' and kept her there overnight. The next day i.e. 06.02.2015, at about 11.00.am., family members of the victim reached the fields while looking for her.

(3.) Appellant fled from the fields while threatening the victim not to disclose anything to anyone or else he would kill her. Family members of the victim rescued her. She disclosed all the facts to them. The victim along with her father and uncles came to the Police Station and prayed for action to be taken against the appellant. Formal FIR Ex.PW7/A was registered on the basis of this complaint.