RAJESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Instant appeal has been preferred by convict Rajesh Kumar (hereinafter referred to as the appellant) against judgment/order dtd. 26/6/2019/29/6/2019, passed by learned Special Judge, Kangra at Dharamshala, H.P., in Sessions Case R.B.T. No.20-P/VII/19/14, titled as State of Himachal Pradesh vs. Rajesh Kumar, in case FIR No. 248 of 2013, dtd. 13/12/2013, registered in Police Station Palampur, District Kangra, H.P., under Ss. 354-A, 506, 509 of the Indian Penal Code (in short 'IPC') and Ss. 9(m), punishable under Sec. 10 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act'), whereby appellant has been convicted under Sec. 10 of POCSO Act as well as Ss. 354-A, 506, 509 IPC and sentenced to undergo rigorous imprisonment for five years with fine of Rs.25,000.00; six months with fine of Rs.5000.00; one month with fine of Rs.1000.00; and three months with fine of Rs.2000.00 respectively and in case of default of payment of respective fine, to further undergo simple imprisonment for one month, three months, fifteen days and/or one month respectively. The substantive sentences have been ordered to run concurrently.

(2.) Prosecution case is that on 12/12/2013, 12 years old victim went to Andretta bazaar alongwith other children namely Shivani, Ayush and PW.3-Piyush. Ayush and Piyush were rolling a scooter tyre which on the way rolled inside the house of appellant and Ayush and Piyush went inside the house of appellant to bring that. Thereafter, Ayush came back but Piyush did not. Whereupon, victim went inside the house of appellant to bring Piyush. At that time, appellant, who was lying on the bed caught victim from her arm and opened zip of his pants and showed his private part to the victim. Victim managed to release her from clutches of appellant by giving teeth bite on the hand of the appellant and ran out of the room. At that time appellant had also shown currency note of Rs.100.00 to the victim. This incident was narrated by the victim to her Aunt (Bua) PW.2-Sandhla Devi, who reprimanded the accused, who was following the victim. On next day, Sushma Devi, elder sister of Sandhla Devi came home after attending marriage and entire episode was narrated by the victim to her also. Whereupon, Panchayat Pradhan Rajni Devi was informed about the incident and thereafter, matter was reported to the police and FIR was registered.

(3.) After completion of investigation, challan was presented in the Court and on conclusion of trial, appellant has been convicted and sentenced as stated supra.