SURAJ Vs. STATE OF H.P.

JUDGEMENT

(1.) The appellant, after trial, has been convicted and sentenced for the offences punishable under Ss. 363, 342, 506 of the Indian Penal Code ( for short, 'IPC') and Sec. 6 of the Protection of Children from Sexual Offences Act (for short, 'POCSO Act') and aggrieved thereby, has filed the instant appeal.

(2.) The prosecution case, in brief, is that the minor prosecutrix, aged about 15 years, was student of 10th standard. On 28/6/2017 at about 5:15 A.M., when she came out of her house towards bathroom, the appellant, who was otherwise doing labour work in stone crusher at 'B' Khad, was stated to be hiding there. It was alleged that the appellant caught hold of minor prosecutrix from back side, shut her mouth, threatened her with dire consequences and thereafter, made her to accompany him. The prosecutrix was taken in a tempo towards 'D' and from there to 'M' in one stone crusher, where he committed rape on her. It was further alleged that the appellant wanted to marry her, but she refused being a minor. The appellant kept the prosecutrix in the room and did not permit her to come out.

(3.) On 29/6/2017 at about 1:15 P.M., mother of the prosecutrix came along with about 3-4 persons and saved her from the clutches of the appellant. The matter was reported to the police and the case came to be registered against the appellant, who was arrested on 29/6/2017 at 3:30 P.M. The medical examination of the prosecutrix as also the appellant was conducted by the police. Spot maps were prepared by the police on the identification of the prosecutrix. Statement of the prosecutrix under Sec. 164 Cr.P.C. was recorded by the concerned Magistrate on 3/7/2017. Birth certificate of the prosecutrix was procured, and clothes and samples having been taken into possession at the time of medical examination were sent to RFSL Dharamshala, upon which report was obtained by the police. Statements of the witnesses were recorded and on conclusion of investigation, challan was presented in the court.