PREM VERMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant has filed appeal challenging the judgment/ order dtd. 28/1/2017/21/2/2017 passed by the trial Court, whereby he was convicted and sentenced as under:- <IMG>JUDGEMENT_87_LAWS(HPH)4_2022_1.jpg</IMG>

(2.) Prosecution story, in brief, is that on 22/7/2015, victim, who was a student of 3rd class, was playing in the school ground near the residential quarter of the complainant. At about 7:00 p.m., the victim had informed the wife of the complainant that he was feeling pain in his anus. On further inquiry, the victim disclosed that appellant had called him in the field situated near the school ground and had removed his pajama and had put his private part again and again in his anus. The victim had started screaming and on being noticed by wife of Surinder, appellant released the victim and the victim had fled away from the spot. Victim was chased by the appellant, but he was unsuccessful in catching him.

(3.) On the basis of the statement of the complainant, formal FIR No.111, dtd. 22/7/2015, was registered at Police Station Theog, under Sec. 377 of the Indian Penal Code (IPC) and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, "the POCSO Act').