RAJINDER SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Since all these appeals emanate from a common judgment rendered by the learned trial Court, therefore, they were taken up together for consideration and are being disposed of by this judgment.

(2.) The instant appeals filed under Sec. 374/374 (2) of the Code of Criminal Procedure (Cr.PC), lay challenge to the judgment of conviction and order of sentence dtd. 11/6/2019 passed by the learned Special Judge, Hamirpur, H.P., in Sessions Trial No.21 of 2018, titled State of Himachal Pradesh Versus Mustaq Mohammad @ Abbu and others, whereby appellants-accused persons, namely, Mustaq Mohammad alias Abbu, Rajinder Sharma alias R.K., Som Nath alias Sonu and Ranjit Singh were convicted for commission of the offences punishable under Sec. 376-D read with Sec. 120-B of Indian Penal Code (IPC) and Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act'), whereas, appellant-accused Uttam Chand was convicted for the commission of offence punishable under Sec. 376-D read with Sec. 120-B of IPC and Sec. 6 of POCSO Act and each of the appellants-accused was sentenced to undergo rigorous imprisonment for a period of 20 years and to pay a fine of Rs.20,000.00 and in default, to undergo rigorous imprinsonment for a period of two years for commission of the offence punishable under Sec. 376-D of IPC.

(3.) The prosecution story, in brief, is that on 9/2/2018, the complainant, i.e. father of the victim lodged a complaint before the police about missing of his daughter, i.e. the victim (name withheld) from their house, on which the police tried to trace her but she could not be traced. The complainant informed the police that the victim had taken mobile phone with her and the last call was made from her mobile phone to one Arun Kumar, who disclosed to the police that he had talked to the victim, but he was not aware about her whereabouts. A phone call was received on the mobile phone of said Arun Kumar from the victim, who told him that she was at Hoshiarpur and thereafter HC Karam Singh alongwith the father of victim (name withheld), Abhinav Chandel, Arun Kumar and LC Milan Kumari proceeded to Jupiter Service Station, Hoshiarpur, where the victim met them at the Petrol Pump and she disclosed that she was gang-raped and identified the room of accused Uttam Chand.