VINOD KUMAR Vs. STATE OF H. P.

JUDGEMENT

(1.) The instant appeal, becomes, directed by the appellant-convict, against, the verdict, of, conviction, pronounced upon him, by, the learned Special Judge, Kangra at Dharmshala, H.P., upon, Sessions Case No. 53-B/VII/2014, vis-a-vis, charges drawn under Section 4, and, Section 6 of the Protection of Cildren, from Sexual Offences, Act, 2012, and, Section 363, and, Section 366 of IPC. He also obviously becomes aggrieved, from, the imposition, of, sentence(s) upon him, inasmuch as, his becoming sentenced to undergo rigorous imprisonment, for, seven years, and, to pay a fine of Rs. 50,000/-, and, in default of payment of fine, his becoming sentenced, to, undergo simple imprisonment extendable, upto six months, for, the commission, of, the offence, under, Section 4, of the POCSO Act, (a) besides he also becomes aggrieved, from, the imposition, upon him, of, a, sentence, of, rigorous imprisonment extendable upto three years, and, to pay a fine of Rs. 10,000/-, and, in default of payment of fine, his becoming sentenced, to, undergo simple imprisonment, for, three months, for, the commission of offence, under, Section 363, of, IPC. From the afore imposition(s), of, fine amount(s), a, sum of Rs. 20,000/- was directed to be paid, as compensation, to the prosecutrix, and, all the afore sentences, were, ordered to run concurrently, and, the tenure(s), of, afore imposed sentences of imprisonment, hence already undergone, by the convict, during investigation, and, trial of the case, were, ordered to be set off, from, the afore sentences, of imprisonment, imposed upon him.

(2.) The genesis, of, the prosecution case is embodied in FIR, hence, borne in Ext. PW-2/A, wherein, the prosecutrix ascribes, vis-a-vis, the convict, qua his perpetrating penal misdemeanor(s), upon her inasmuch, as, his committing, the, charged offences. The site of occurrence is borne in the site plan, as, embodied in Ext. PW-24/A.

(3.) During the course of investigation(s), the prosecutrix made a statement, under, Section 164 of Cr.P.C., statement whereof, is, embodied in Ext. PW1/C, wherein she in corroboration, vis-a-vis, the recitals borne, in FIR Ext. PW-2/A, ascribes commission(s) of offences, upon, her by the accused-convict, hence punishable, under, Section 363, and, under Section 366 of IPC, besides, under Sections 4 and 6, of, POCSO Act. Moreover, during the course, of, the investigation(s), being carried into the charged offences, by, the Investigating Officer concerned, Ext. P-5, shirt, Ext. P-6, Salwar, Ext. P-7, Sweater, and, Ext. P-8 pant of convict Vinod Kumar, become recovered, at the instance of the victim, through memo comprised in Ext. PW-1/B. Furthermore, during, the course of investigation being conducted, by the Investigating Officer concerned, vis-avis, the afore offences, the Investigating Officer concerned, has, also collected, the, blood samples, on, PTA Card, of, convict Vinod Kumar, through memo, borne in Ext. PW-26/D, (i) and, also during the course, of, investigation, the Investigating Officer concerned collected, the blood sample, on, FTA card, of, victim, through memo, borne in Ext. PW-26/E, (ii) and, all the afore collected items, as well as, the blood samples, respectively borne on, the, respective FTA Cards, of, both accused, and, of the victim, were also sent to the FSL concerned, through road certificate, borne in Ext. PW-17/A, (iii) and, upon the afore items reaching for analyses, being made thereon, by the DNA expert concerned, working thereat, (iv) the latter, upon, making inter-se matchings thereof, made a conclusion in his report, as, embodied in Ext. PW-27/A, qua, theirs occurring inter-se compatibility, inter-se the DNA profile, of, the prosecutrix, vis-a-vis, the DNA profile, of, the accused-convict, as, become respectively, embodied, in, the collected blood samples, on, FTA cards, of, the victim, and, of the accused. Moreover, during the investigation being conducted, into the offences, the mother of the prosecutrix had handed over, to the Investigating Officer concerned, Ext. PW-2/B, exhibit whereof, is, the birth certificate, of, the victim, carrying therein narrations, vis-a-vis, the date of birth, of, the prosecutrix.