SUNIL KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant appeal filed under Sec. 374 (2) of Code of Criminal Procedure, laying challenge to the judgment of conviction dtd. 19/6/2021 and order of sentence dtd. 23/6/2021, passed by learned Special Judge, Fast Track Special Court (under POCSO Act), Kangra at Dharamshala, District Kangra, Himachal Pradesh, in RBT Sessions Case No.129-P/VII/20/2019, titled State of Himachal Pradesh Versus Sunil Kumar @ Sonu, whereby the appellant (hereinafter referred to as the accused), was convicted and sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs.20,000.00 and in default of payment of fine, he shall further undergo rigorous imprisonment for period of one year, for the commission of offence under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as'the Act')

(2.) The prosecution story, in brief, is that on 2/12/2018 the complainant (name withheld) alongwith her husband made a complaint at Police Station Bhawarna to the effect that her daughter, i.e. child victim, was missing since morning at about 7.30 a.m. when she had gone to a temple. About 8-10 days back, the child victim had sent a message from the mobile phone of mother-in-law of the complainant to some unknown number and thereafter when the complainant made a call to the said unknown number, the person who received the call, did not disclose his name. On 1/12/2018, the child victim again made a call from the mobile phone of her neighbour and when the complainant made a call on the said number, that person again picked up the phone, but did not respond and on 2/12/2018 at about 7.30 a.m., the child victim had gone to the temple, but did not return home and when the complainant had gone to see her, a small water container, was found thrown in the kitchen garden. When the complainant checked the articles in the house, she found that one pant of the child victim and Rs.500.00 were missing. The child victim was student of 9th class in Z.A.V. Public School Sullah and the complainant had suspicion that the said unknown person, from whose mobile the massages had come, had allured her daughter and taken away her with him.

(3.) On the basis of the said complaint, a formal FIR No.185, dtd. 2/12/2018, was registered against the accused at Police Station Bhawarna, District Kangra, H.P., under Sec. 363 of the Indian Penal Code.