STATE OF HIMACHAL PRADESH Vs. PARMOD

JUDGEMENT

(1.) Instant criminal appeal filed under Sec. 378 Cr.PC, lays challenge to judgment dtd. 22/1/2020, passed by learned Special Judge, Nalagarh, District Solan, H.P., in Trial No. 29-NL/7 of 2019, whereby learned court below while holding respondent/accused (hereinafter referred to as 'accused') guilty of his having committed offence punishable under Ss. 341, 354- D, 323 and 506 of IPC read with Sec. 34 IPC convicted and sentenced him, as per description given in the order of sentence dated 23.1.20220, but acquitted him of charges framed against him under Ss. 8 and 12 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'Act').

(2.) Precisely, the instant appeal has been filed against the aforesaid judgment of acquittal dtd. 22/1/2020, recorded by the court below in favour of the accused under Sec. 8 and 12 of the POCSO Act.

(3.) For having bird's eye view, certain undisputed facts, as emerge from the record are that on 27/1/2019, victim/prosecutrix PW-1, Kumari Akriti, got her statement recorded under Sec. 154 Cr.P.C with the police of Women Police Station, Baddi stating therein that she is studying in Vivek International Public School, Baddi, in 12th standard. She alleged that at about 5 P.M., she while she was coming back from tuition and was going towards the lift of Amarawati Apartment, she saw that accused was chasing her. She alleged that on seeing her alone, all of sudden, accused came in front of her and wrongfully restrained her and put knife on her neck. She alleged that accused told her that in case she cried, he would kill her. She alleged that accused caught hold her tightly and out of fear, she cried. On hearing her cries, one lady came there and accused tried to run away, however, he was apprehended by the public gathered on the spot. She stated before the police that after some time, her parents also came there. On the basis of aforesaid statement, police registered FIR and after completion of investigation, presented the challan in the Court of learned Special Judge, Nalagarh, District Solan, H.P. Aforesaid Court after having found prima facie case against the accused, charged him under Ss. 341, 354-D, 323 and 506 IPC and Ss. 8 and 12 of Protection of Children from Sexual Offences Act, 2012, to which, he pleaded not guilty and claimed trial.