V Vs. STATE OF H.P.

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 29/4/2021 passed by learned Special Judge, Fast Track Court, POCSO Court, Mandi (learned Trial Court) vide which the appellant (accused before learned Trial Court) was convicted of the commission of an offence punishable under Sec. 376 of the Indian Penal Code (in short IPC) and Sec. 6 of Protection of Children from Sexual Offences Act, 2012 (in short 'POSCO' Act) and order dtd. 4/5/2021 vide which he was sentenced as under:

(2.) Briefly stated, the facts giving rise to the present appeal are that the police presented a challan before the learned Trial Court against the appellant/accused and co-accused (since acquitted) for the commission of offences punishable under Ss. 376, 506 and 201 of IPC and Sec. 6 of POCSO Act. It was asserted that the victim (the name being withheld to protect her identity) is the sister-in-law of the accused (V) (the name being withheld to protect the identity of the victim, since the victim and accused are related to each other and disclosure of the identity of the accused will lead to the disclosure of the identity of the victim as well). The accused used to visit the victim's house. He had been raping her since February 2015. She became pregnant. She disclosed this fact to the accused, who told her that nothing would happen. He also threatened her that in case the incident was revealed to any person, he would kill her and her sister. The victim delivered a baby girl on 31/10/2015 when she was alone. She informed the accused about the birth of the girl. The accused visited the victim's house and took away the baby with him. The victim filed an application (Ext.PW2/A) before the in-charge Police Post Bassi, which was sent to the police Station where FIR (Ext.PW20/A) was registered. Inspector Amar Singh (PW20) conducted the investigation. He filed an application (Ext.PW20/B) for the medical examination of the victim. Dr Suman Bisht conducted the medical examination of the victim and found that she had delivered a baby in the recent past (7 to 15 days). She preserved the samples and handed them over to the police official accompanying the victim. She issued the MLC (Ext. PA). Inspector Amar Singh (PW20) arrested the accused and filed an application (Ext.PW20/C). Dr Roshan Lal conducted the medical examination of the accused and found that there was nothing to suggest that the accused was incapable of performing sexual intercourse. He issued the report (Ext. PC), preserved the samples and handed them over to the police official accompanying the accused. An application (Ext.PW16/A) was filed by the police for recording the statement of the victim. Mr. Vishal Bhamnotra (PW16) learned Judicial Magistrate First Class Joginder Nagar recorded her statement (Ext.PW2/D) as per her version. The accused showed the place. The memo (Ext.PW4/A) and the site plan (Ext.PW20/D) were prepared. Photographs of the victim's house (Ext.PW20/E1 to Ext.PW20/E6) and the cow shed (Ext.PW20/E7 to Ext.PW20/E8), where the newborn baby was kept, were taken. An application (Ext.PW3/A) was filed for obtaining the birth certificate of the victim. Desh Raj (PW-3) issued the birth certificate of the victim (Ext.PW3/B) and a copy of the Pariwar Register (Ext.PW3/C) showing that the victim was born on 12/1/1998. Blood samples on the FTA card of the victim, accused, and newborn baby were taken. The samples and the clothes were sent to the Regional Forensic Science Laboratory (RFSL) and State Forensic Science Laboratory (SFSL) Junga. RFSL, Mandi issued a report (Ext. PE) showing that human blood was detected on the victim's salwar and vaginal swabs. Human semen was detected on the underwear of the accused. SFSL issued the report (Ext. PD) showing that the victim was the biological mother and the accused was the biological father of the newborn baby. It was found during the investigation that co-accused Babloo had assisted in destroying the evidence; hence, a chargesheet was filed against him for the commission of an offence punishable under Sec. 201 of IPC.

(3.) The learned Trial Court charged the accused with the commission of an offence punishable under Sec. 6 of the POCSO Act and Ss. 376, 506 and 201 of IPC and co-accused Babloo with the commission of an offence punishable under Sec. 201 of IPC. The accused pleaded not guilty and claimed to be tried.