GHAN SHYAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant has filed the appeal, challenging the judgment/order of conviction and sentence dtd. 23/7/2021, passed by the Additional District & Sessions Judge, Fast Track Special Court Solan, District Solan, H.P., in Sessions Trial No.21-S/7 of 2020/2017, whereby, he has been convicted and sentenced as under:- <IMG>JUDGEMENT_122_LAWS(HPH)1_2023_1.jpg</IMG>

(2.) Prosecution case was set in motion on the basis of the statement of complainant Hem Lata (PW-2), mother of the victim. As per the complainant, the victim was her youngest child and was a student of 2nd Class. Her husband (appellant) was not doing any work and remained under intoxication. The victim had told her that she had been suffering pain in her private part for the last 3 1/2 years. Complainant had also got medicines for her daughter in this regard. When the victim was aged about five years, she had told the complainant that her father used to take her in the room and did wrong acts with her. Complainant remained busy in her household work and remained quite on account of fear of her husband. Last month, victim had told the complainant that her father had beaten her and taken her in a room. About three months back when she was giving bath to the victim, she saw that she was bleeding from her private part. She had also taken the victim to the Doctor and had taken medicines, but despite taking medicines victim had not been cured. About 2-3 days prior to lodging of the FIR while the complainant was giving bath to her daughter, she again saw her daughter was bleeding, as the father of the victim had done a wrong act with her.

(3.) On the basis of the statement of the complainant, formal F.I.R. No.219 of 2016 , dtd. 24/9/2016, was registered at Police Station Sadar, Solan, District Solan, H.P., under Sec. 376 of Indian Penal Code, 1860 (hereinafter referred to as the "IPC" in short) and Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the "Act" in short). During investigation, the statement of the victim was recorded under Sec. 161 of Code of Criminal Procedure, 1973 (hereinafter referred to as the "Cr. PC" in short) as well under Sec. 164 Cr. PC The victim was got medically examined.