RAJESH KUMAR @ TOMU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant appeal, appellant has assailed the judgment dtd. 31/8/2019 and sentence order dtd. 3/9/2019, passed by learned Special Judge, Kangra at Dharamshala, H.P., in Sessions Trial No. 58 of 2017, whereby, the 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 Sec. 323 of the Indian Penal Code. The appellant has been sentenced to undergo rigorous imprisonment for twenty years and to pay a fine of Rs.50,000.00 for offence under Sec. 6 of the POCSO Act. In default of payment of fine, appellant has further been ordered to undergo simple imprisonment for a period of six months. In addition, the appellant has been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,000.00 for offence under Sec. 323 of the Indian Penal Code. In default of payment of fine, he has further been ordered to undergo simple imprisonment for one month. The substantive sentences have been ordered to run concurrently. Out of fine amount a sum of Rs.40,000.00 has been ordered to be paid to the victim as compensation.

(2.) The incident relates back to date 9/3/2017. The child victim was aged about six years and seven months at the time of commission of offence. Initially, the case was registered under Sec. 8 of the POCSO Act. However, during the trial, the charge was amended to be one under Sec. 6 of the Act, ibid, besides being under Sec. 323 of the Indian Penal Code.

(3.) FIR Ext. PW16/D was registered on the basis of the statement of PW-2, Smt. Manju Lata (mother of the child victim) Ext. PW2/A recorded under Sec. 154 Cr.P.C. It was alleged that the child victim had gone out of the house alongwith her grandmother to buy sweets. After purchase, the grandmother, PW-5, Smt. Savitri Devi, went to look out for her cattle, whereas the child victim proceeded towards her house. Just from outside the gate of the house, the appellant forcefully lifted the child victim towards bushes. The child victim was given beatings besides being subjected to sexually indecent behaviour. The child victim could freed herself by seeking help from some elder person of the village, who happened to pass from nearby. On help being sought by the child victim, the appellant had fled away from the scene.