GUDDU RAM Vs. STATE OF H. P.

JUDGEMENT

(1.) The accused/appellant herein, became charged for, the, commission of offences punishable, under, Section 376(2)(f), and, under Section 506 of the IPC, and, also became charged, for, commission of an offence punishable, under, Section 4 of the Protection of Children from Sexual Offences Act, 2012 (in short "POCSO" Act). The learned trial Court concerned, made an order, of, conviction, vis-a-vis, the afore charges framed, under, Section 376(2)(f) of the IPC, and, under Section 4 of the POCSO Act, and, hence, sentenced the convict, to, undergo rigorous imprisonment for a period of 14 years years, and, to pay a fine of Rs.5,000/-, for commission, of, an offence punishable under Section 376(2)(f) of the IPC, and, in default of payment of fine amount, he was sentenced to further undergo simple imprisonment for a term of one year. He was further sentenced by the learned trial Court, to, undergo rigorous imprisonment, for a period of 14 years, and, to pay a fine of Rs.5,000/-, for commission, of, an offence punishable, under, Section 4 of the POCSO Act, and, in default of payment of fine amount, he was sentenced, to, undergo simple imprisonment for one year. Both the sentences are ordered to run concurrently. However, the learned trial Court makes an order of acquittal, vis-a-vis, the charge framed, under, Section 506, of, the IPC.

(2.) The convict/accused/appellant herein, becomes aggrieved therefrom, hence, through, casting the extant appeal before this Court, has strived to beget reversal(s) of the afore made conviction, and, the afore consequent therewith sentence(s) hence imposed, upon him, under the afore verdict.

(3.) The genesis of the prosecution story, becomes, embodied in the apposite FIR, FIR whereof becomes borne in Ex.PW8/A, (i) thereins, the minor prosecutrix narrates, vis-a-vis, accused Guddu Ram, being her uncle, and, on, 14.01.2014, after, and, on, hers returning home, subsequent to hers taking examination, for 8th standard, (ii) thereat, since, she, and, the accused were alone, the latter perpetrating forcible sexual intercourse, upon, her person, (iii) and, also his intimidating her, with dire consequences, of his eliminating her, upon, hers making an intimation, of, the incident to anybody. Subsequent thereto, also, she narrates therein qua as and when, the accused finding her alone at home, his subjecting her to forcible sexual intercourse(s). The investigating Officer concerned, for ensuring the emergence, of, the best scientific evidence, for, proving the charge, against the accused, (iv) he, on FTA cards, hence collected, through, memo drawn, and, borne in Ex.PW11/E, the blood samples of, the prosecutrix, besides collected, the blood samples, on FTA card, hence also of the accused through memo borne in Ex.PW11/H, and, also collected, the, blood samples, on FTA card, through memo, embodied, in, Ex. 13/B, of, the minor, baby, of, the prosecutrix. All the afore collections, of, blood samples, on, FTA cards, of all the afore, become through, road certificate, borne in Ex.PW5/B, transmitted hence to the FSL concerned. Thereons, the DNA expert, after making the apposite inter se DNA profilings, made, an opinion, vis-a-vis, the minor baby, being born from the womb, of, the minor prosecutrix, and, hers being fathered, by the accused.