KALGI NAND DELTA Vs. STATE OF H.P.

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dtd. 25/9/2020, passed by the learned Additional District and Sessions Judge, Fast Track, Special Court, Solan, District Solan H.P. (learned Trial Court), vide which, the respondent (accused before the learned Trial Court) was convicted and sentenced as under: <FRM>JUDGEMENT_47_LAWS(HPH)5_2024_1.html</FRM>

(2.) Briefly stated, the facts giving rise to the present appeal are that the police presented a challan against the accused before the learned Trial Court for the commission of offences punishable under Ss. 376, 506, 354A of the Indian Penal Code (in short 'IPC') and Ss. 4, 6, 10 and 12 of the Protection of Children from Sexual Offences Act (in short 'POCSO Act'). It was asserted that the victim 'B' (name being withheld to protect her identity) was studying in class 8th. The accused was a teacher in the school, where the victim was studying. The accused used to harass the victim. He would establish sexual relations with her and in case of her protest, he would threaten to kill her. The accused again repeated his acts on the 28 th of the previous month of the filing of the complaint. The matter was reported to the police through an application (Ext. PW3/A). FIR (Ext. PW11/A) was registered in the Police Station. Hari Bhagat Negi (PW17) conducted the investigation. He wrote an application (Ext. PW8/A) for conducting the medical examination of the victim 'B'. Dr Supriya (PW8) conducted her medical examination and found that the possibility of sexual intercourse could not be ruled out. She preserved the samples and handed them over to the police official accompanying the victim. She issued the MLC (Ext. PW8/B). The victim identified the place, where she was sexually abused by the accused. The photographs (Ext. PW16/A1 to Ext. PW16/A3) were taken. Curtains (Ext. P2 and Ext. P3) were also seized. These were put in a cloth parcel (Ext. P1) and the parcel was sealed with six impressions of seal 'A'. The parcel was seized vide memo (Ext. PW2/A). Sample seal 'A' (Ext. PW 17/A) was taken on a separate piece of cloth and the seal was handed over to Veena Devi (PW4) after the use. Hari Bhagat Negi (PW17) prepared the site plan (Ext. PW17/B). He arrested and searched the accused. Cell Phone (Ext. P8) was recovered during the search. An application (Ext. PW 14/A) was filed for conducting the medical examination of the accused. Dr Rajinder Negi (PW14) conducted his medical examination and found that there was nothing to suggest that the accused was incapable of having sexual intercourse. He preserved the samples and handed them over to the police official accompanying the accused. An application was filed for recording the statement of victim 'B' before the learned Judicial Magistrate, First Class, Arki, who recorded the statements (Ext. PW17/C and Ext. PW17/D). The cell phone recovered during the personal search was put in a cloth parcel (Ext. P7). The parcel was sealed with three seal impressions of seal 'X' and was seized vide memo (Ext. PW15/A). The sample seal (Ext. PW15/B) was taken on a separate piece of cloth. The victim 'R' also disclosed that she was sexually abused by the accused. An application was filed for recording her statement before the learned Judicial Magistrate, First Class, Arki, who recorded her statement (Ext. PW 17/F). The victim 'R' handed over her English grammar book (Ext. P4), which was seized vide memo (Ext. PW6/A). The record of appointment, posting, joining and attendance (Ext. PW9/E to Ext. PW9/J3) was sent by the Headmaster of the school vide his letter (Ext. PW9/K). The Investigating Officer wrote an application (Ext. PW9/A) to get the record of admission of the victim 'B' in the school. The record (Ext.PW9/B) was sent vide letter (Ext. PW9/D). Neel Kamal (PW10) produced the birth certificate of victim 'R' (Ext.PW10/B). The case property was deposited with MHC. Case property was sent for analysis to SFSL, Junga. Reports (Ext. PW17/K to PW17/M) were issued showing that human semen was detected on the underwear of the accused. Blood was detected on the vaginal swabs and vaginal slides of the victim, which was insufficient for further analysis. The mobile phone did not contain any video recording or photographs. Statements of witnesses were recorded as per their version and after the completion of the investigation, the challan was prepared and presented before the Court.

(3.) The accused was charged with the commission of offences punishable under Ss. 354A, 376 and 506 of IPC and Ss. 4, 6, 10 and 12 of the POCSO Act. He pleaded not guilty and claimed to be tried.