SARAVJEET RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant appeal, is, directed by the convict/accused/appellant herein, against the pronouncement made by the learned Special Judge, Nalagarh, District Solan, H.P, upon Trial No. 43-NL/7 of 2019/16, on 5.2.2020, whereunder, he convicted, the accused/appellant herein, for his, committing, an offence punishable, under, Section 4 of Protection of Children from Sexual Offences Act, 2012 (in short "POSCO" Act), besides consequent, thereto, sentence of rigorous imprisonment, for, a period of ten years, and, a, fine of '10,000/-, stood imposed, upon the convict/accused/appellant, and, in default of payment of fine amount, he was sentenced, to, undergo simple imprisonment for a period of two months.

(2.) The genesis of the prosecution case, is, embodied in, the, statement recorded by the mother of the child/victim, statement whereof, is, embodied, in, Ext. PW2/A. In pursuance to, Ext.PW2/A, an apposite FIR, became recorded, at Police Station, Baddi, FIR whereof, is, embodied, in, Ext. PW8/B. In Ext. PW2/A, there, is, an ascription of penal misdemeanor(s), vis- -vis, the accused/convict, inasmuch as, his upon the person of the victim, aged about 06 years, hence perpetrating, a, penetrative sexual assault. The afore sexual assault, made by the convict, upon the minor victim, occurred at the site of occurrence, as embodied, in, Ext. PW15/A. Recoveries of parcel, Ext. P-1, and, blanket Ext. P-2, became effectuated, through memo embodied, in Ext. PW2/B. The MLC appertaining, to, the victim/prosecutrix, is, embodied in Ext. PW-16/A. The blood samples of the victim, on FTA cards became collected, through, Ext.PW3/C, and, the blood samples of the accused, on, FTA cards, also, became collected, and, is/are, embodied, in, Ext. PW15/C. Both the afore collected blood samples, on FTA cards, respectively, of, the accused, and, of, the victim became transmitted, through, Road Certificate, borne in, Ex.PW5/D to, the FSL concerned, (i) and, thereupon, the FSL concerned, in its report, as, embodied in Ext. PX, made an opinion, qua their not occurring, the apposite compatibility inter se the afore blood samples collected, on FTA cards, respectively, of, the victim, and, of, the accused. The parcel, Ext. P-3 containing, shirt Ext.P-4, T-shirt-cum-vest, Ext.P-5, lower Ext.P-6, and underwear Ext. P-7, all worn at the relevant time by the accused were sent, through, Road Certificate, as embodied in Ext.PW5/D, vis- -vis the FSL concerned, (i) whereupon, the FSL concerned, in its report, as embodied, in Ext. PW15/G, made an opinion, rather suggestive, vis- -vis no incriminatory role therethrough, becoming invincibly fastenable, upon the accused

(3.) The prosecution to succeed in its fully discharging, the, burden appertaining, to, its efficaciously proving the charge, against the accused, it became enjoined, to, ensure, qua the prosecutrix upon hers, entering into the witness box, hers rendering, an, inspiring, and, creditworthy version, vis- -vis, her ascribed penal misdemeanour, qua the convict, hence, happening at the site of occurrence. Moreover, the testification made in Court by the victim, is, also, enjoined to be free from any stain, of, any doctoring, or, tutoring being, meted to her, by her parents. In other words, an inspiring untutored testified version, of, the prosecutrix, would coax this Court, to, sustain the charge against the accused. The prosecutrix stepped into the witness box, as PW-1, and, after the learned trial Court, upon purveying certain queries, to, her, to gauge, her, intelligibility, and, whereto, she purveyed intelligent answers, hence constrained it, to, declare her as, a, competent witness. Though, in the opening of her examination-in-chief, she omits to with specificity, hence narrate the date and time of occurrence, (a) however, in the latter part, of, her examination-in-chief, she has with utmost force, made ascriptions, of, penal misdemeanors, vis- -vis, the accused, inasmuch as, his committing sexual assault, upon her person, (b) she has also made a disclosure therein vis- -vis, hers, becoming initially meted threatenings, by the accused, against hers, making any disclosure, of, the afore occurrence to anyone. Furthermore, she also makes testified echoing(s) vis- -vis, hers initially making the apt disclosure, to, one Neha, and, thereafter, the afore Neha, making a disclosure, of, the occurrence vis- -vis her mother, one Sakina, and whereafter, the afore, Sakina, is testified, to, disclose the above incident, to, her mother, hence on the same day. Even though, during the course, of, hers becoming subjected, to, crossexamination by the learned defence counsel, she, made an acquiescence, vis- -vis, hers becoming accompanied to Court, by her parents. Yet, the afore, does not beget, an inference, vis- -vis her rendering, a, tutored or coached version, vis- -vis, the occurrence, as thereafter, in her cross-examination, she makes a complete denial, to, a, suggestion, qua hers being coached by her parents, to, make a deposition, before the learned trial Court. The mother of the prosecutrix, upon, stepping into the witness box, as PW-2, makes, an improvement, upon the testification, as earlier made, by her daughter, and, appertaining, to the later testifying, vis- -vis hers makes the initial disclosure, to, one, Neha, and, thereafter, the afore Neha, transmitting the afore disclosure(s), as made to her, by the prosecutrix, to her mother, and, whereafter, one Sakina, making an intimation, to, PW-2 vis- - vis, the occurrence, (a) Inasmuch as, despite the prosecutrix making disclosure(s), vis- -vis, hers, not making any intimation to her mother, yet PW-2, making an echoings, vis- -vis, her daughter, rather also disclosing the incident to her. However, the afore minimal improvement(s), as upsurge(s) inter se the testification, of, the victim, and, the testification, of, her mother, rather become(s), both, marginalized, and, also become(s) subsumed, through, a, suggestion holding affirmative echoings, becoming put to her, during the course, of hers, being subjected to cross-examination, (b) inasmuch as, qua her daughter making, an apt, disclosure to her, on, 22.7.2016, and, when, an, affirmative answer(s) thereto, emanated from PW-2,( c ) thereupon, the apt sequel, hence ensuing, therefrom, reiteratedly, is/are, the afore, minimal inter se contradictions, inter se, the respective testifications of PW-1, and, of, PW-2, and, appertaining to the afore factum, becoming fully nullified.