SURINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant appeal, appellant has assailed the judgment and sentence dtd. 29/5/2019/6/7/2019, passed by learned Special Judge, Kangra at Dharmshala, in Sessions Case No. S.C. No. 47-G/VII/16, RBT No. 61-G/VII/17/16, whereby appellant has been convicted for commission of offence under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (for short the "POCSO Act") and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.50,000.00 and to further undergo rigorous imprisonment for one year in default of payment of fine. In addition, the victim has also been awarded lump sum compensation of Rs.6,00,000.00 to the victim.

(2.) The case as set up by prosecution was that on 26/7/2016, Anjana Devi (PW- 1) (hereafter referred to as complainant) reported a crime at Police Post, Ranital vide daily dairy No. 11 (Ext. PW-12/A), alleging inter-alia that the victim was her daughter. On 25/7/2016, the mother of complainant had paid a visit to the house of complainant. At about 2.00 PM, she in the company of the victim and Nishant (son of complainant) went towards the bus-stop. Both the children (victim and her brother) reached back home at about 4.15 P.M. The victim was weeping and on inquiry by complainant, she disclosed that the appellant had also accompanied them till the bus-stop. On their way-back appellant had caught hold of her and dragged her towards water source downwards from the road and had further gagged her mouth at place near "Dhuri-ka-Nalla". Appellant had then undressed her and had thereafter indulged in "Galat Kaam" with her. Nishant had pelted stones at the appellant. Despite her resistance; appellant had not budged. On this disclosure, the complainant had gone in search of appellant but he did not respond and absconded from his house. Appellant had raped her minor daughter. She could not lodge the report the previous day, as firstly she remained searching for the appellant and thereafter remained busy in a function of her nephew and also kept searching for the President of the Gram Panchayat.

(3.) On the basis of aforesaid report, FIR Ext. PW-18/A was registered at Police Station, Haripur and investigation was initiated. Statement of victim under Sec. 161 Cr.P.C. was recorded in the first instance. Later, on 29/7/2016 her statement under Sec. 164 Cr.P.C. (Ext. PW-2/A) was also recorded by learned Judicial Magistrate at Dehra. The victim was medically examined on 26/7/2016 at CHC Jwalamukhi. PW-7 Dr. Kanika examined the victim and issued MLC Ext. PW-7/B. Relevant extract of MLC read as under:-