AKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Since common questions of law and facts are involved in these two appeals, CRA-D-465-DB and CRA-D-544-DB of 2016 therefore, these are taken up together and being disposed of by a common judgment.

(2.) These appeals are instituted against the judgment dated 18.03.2016 and order dated 21.03.2016, rendered by learned Additional Sessions Judge, Faridabad, in Sessions Case No. 112 dated 03.06.2015, whereby both the appellants, who were charged with and tried for the offences punishable under Sections 363, 376D, 506 read with Sec. 34 of the Indian Penal Code and Sec. 4 of the POCSO Act, were convicted and sentenced as under :- <FRM>JUDGEMENT_26_LAWS(P&H)2_2019_1.html</FRM>

(3.) The case of the prosecution, in a nutshell, is that SI Indu Bala (PW.10) received an information on 29.03.2015 regarding the alleged occurrence. She reached Police Station Saran. Complainant Dharamraj (PW.5) son of Dharam Pal along with his wife Shashi and daughter (name withheld) met her. Dharamraj got recorded his statement to the effect that his daughter, aged 14 years, student of 9th class, was studying in Rawal International School. It was alleged that on 22/23.03.2015 at around 1.30 AM in night, Ninder son of Rishi and Akash son of late Kanwar Singh residents of village Nawada took away his daughter by alluring her. They told his daughter that they would be going to Kalkaji temple. However, they took his daughter to boundary of Primary Government School in village Nawada. They started committing obscene acts with her. Both the boys tried to commit rape with her and when his daughter tried to escape, she was slapped and also given blows by Ninder. She sustained injuries. Akash was standing outside as guard, when Ninder was trying to commit obscene acts with the prosecutrix. She was advanced threats by the accused. On 29.03.2015, the prosecutrix narrated the entire incident to her parents. Thereafter, FIR was registered. Statement of the prosecutrix was also recorded under Sec. 164 Crimial P.C. She was medico legally examined.