KRISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is instituted against judgment dtd. 17/7/2017 and order dtd. 21/7/2017, rendered by learned Additional Sessions Judge-cum-Special Court for Heinous Crime Against Women, Hisar, in Sessions Case No. 05-SC of 2016. Appellant Krishan was charged with and tried for the offences punishable under Ss. 376 (2) (n), 452, 506 of the Indian Penal Code (hereinafter referred to as 'IPC') and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act'). He was convicted and sentenced as under :-

(2.) The case of the prosecution, in a nutshell, is that Balbir son of Amar Singh had lodged a complaint on 19/11/2015 to the effect that his wife had died 15 years ago due to cancer. He had three daughters. His daughter (prosecutrix) was aged about 15 years. She was a student of 7th standard. The prosecutrix had taken ill after the festival of Diwali. On 18/11/2015 at about 5.00/6.00 PM, the complainant asked the prosecutrix about her health. She told that Krishan, their neighbour, used to give her currency note of Rs.10.00 and was doing wrong act with her for last many days. He also threatened her. The FIR was registered. Site plan was prepared. The prosecutrix was medico legally examined. The investigation was completed and challan was put up after completing all the codal formalities.

(3.) The prosecution examined a number of witnesses in support of its case. The accused was also examined under Sec. 313 Cr.P.C. He denied the case of the prosecution.