PAWAN KUMAR AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Though the application filed by appellant no.1- Pawan Kumar was listed for suspension of sentence but with the consent of learned counsel for the parties, the main appeal itself was heard on merits.

(2.) The present appeal is instituted against the judgment dated 6.4.2015 and order dated 13.4.2015, rendered by Additional Sessions Judge, Rewari, in Sessions Case No. 25RT of 2013/ 2014, vide which the appellants Pawan Kumar and Geeta Devi, were charged with and tried for the offence punishable under Sections 306, 376, 34 IPC and Sections 4 and 6 of the POCSO Act. They were convicted and sentenced under Section 306/34 IPC to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs. 20,000/- each and in default of payment of fine, to further undergo imprisonment for three month. Accused Pawan Kumar was also convicted and sentenced under Section 376 IPC to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs. 10,000/- and in default of payment of fine, to further undergo imprisonment for three months.

(3.) The case of the prosecution in a nutshell is that complainantJaswant Singh (grand-father of the deceased) filed a complaint to the SHO, Police Station, Dharuhera to the effect that on 27.5.2013 at about 7.23 P.M., he received a telephonic call from the mother of the deceased (name withheld) that the victim had committed suicide. Thereafter, he reached the house. He saw that the victim was lying on the cot. This incident was the outcome of illicit relations between the mother of the deceased and Pawan Kumar @ Banti. Name of deceased's mother is Geeta Devi. FIR, Ex.PV, was registered. Post mortem examination was conducted. Suicide note, Ex.PP, was also recovered from the spot. It was sent to FSL, Madhuban for comparison with the handwriting of the deceased. Photographs of the spot were also taken. Investigation was completed and challan was put up after completion of all the codal formalities.