KAPIL KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The appellant-Kapil Kumar has been convicted and sentenced to undergo rigorous imprisonment for a period of 10 years for the commission of offence punishable under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (for short the POCSO Act) and to pay a fine of Rs.25,000.00 and in default of payment of fine, he was further directed to undergo imprisonment of similar description for a period of one year. He was further sentenced to undergo simple imprisonment for a period of two years for the offence punishable under Sec. 506 of IPC and to pay a fine of Rs.5,000.00 and in case of default of payment of fine he was further directed to undergo imprisonment of similar description for a period of one month. Both the sentences were ordered to be run concurrently.

(2.) Brief facts of the prosecution case are that on 20/3/2014 at about 11:30 a.m. Child Line Solan gave a secret information to Police Station, Kandaghat on telephone and requested that police officer be sent to GPS Silhari for recording the statement of complainant.

(3.) On this information, police visited the spot and recorded statement of complainant master "PA" (name withheld) under Sec. 154 Cr.P.C. The complainant narrated that he was a student of 4th standard in Government Primary School, Silhari, and his father was running a Rehri for selling "Chole-Kulche". His mother was not living with them. A person named Sachida Nand @ Pandit uncle who was doing the work of plumber used to visit their house in the evening and when his father went to sleep, the Pandit uncle used to sexually abuse the complainant "PA" and his sister victim "PY" (name withheld). Complainant alleged that the said Pandit uncle used to put his finger in the anus of complainant and used to take the victim and his sister to his house where they were again sexually abused by the Pandit uncle by putting his penis into vagina of "PY" and anus of "PY" and "PA". This act was repeatedly committed by Pandit uncle. On the day of Holi, the said Pandit uncle again came to their house and while sleeping in the night, he put his finger into the anus of complainant. This fact was disclosed by complainant to one Ranjeet who apprised the father of the complainant. Due to this Ranjeet and father of complainant had beaten Pandit uncle. Complainant also alleged that one another person named Kapil, who was doing the work of cleaning of bathroom and toilet at Kandaghat, used to take the complainant and his sister behind the bushes where he sexually assaulted them by putting his penis into the vagina of "PY". He also used to lick the private part of "PY" and also give Rs.20.00 to each of the victims. Pandit uncle also used to pay Rs.10.00 to each of the victims. Pandit uncle and Kapil used to threaten the victims not to disclose these facts to anyone.