SUNNY Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT -convict Sunny, hereinafter referred to as the accused, has assailed the judgment dated 24.6.2015, passed by Special Judge, Mandi, District Mandi, Himachal Pradesh, in Sessions Trial No. 14/2014, titled as State of Himachal Pradesh v. Sunny, whereby he stands convicted of the offence punishable under the provisions of Section 342 of the Indian Penal Code (hereinafter referred to as IPC) and Section 4 of the Prevention of Children from Sexual Offences Act, 2012 (hereinafter referred to as the Act) read with Section 376 IPC, and sentenced as under:

(2.) IT is the case of prosecution that prosecutrix (PW -1), who was a student of 10+1, Government Senior Secondary School, Maseran, was born on 15.3.1997. On 2.12.2013, on the pretext of purchasing cheaper school bag at Hamirpur, accused allured her and from Sarkaghat, took her to Hamirpur, where he made her stay in his room and forcibly subjected her to sexual intercourse. The following morning, i.e. 4.12.2013, he made her meet his mother, where she was assured that upon attaining the age of majority, he would solemnize marriage with her. Mother of the accused disclosed the whereabouts of the prosecutrix to Smt. Rajni Devi (PW -2), mother of the prosecutrix, who took her back home. Having reached home, prosecutrix narrated the entire incident to her mother, which led to the lodging of a complaint (Ex. PW -1/A), on the basis of which FIR No. 301, dated 7.12.2013 (Ex. PW -11/A), for commission of offence punishable under the provisions of Section 366A/376 of the Indian Penal Code, was registered by SI Satish Kumar (PW -11) at Police Station Sarkaghat, District Mandi, Himachal Pradesh. Prosecutrix was got medically examined from Dr. Anita Thakur (PW -7), who issued MLC (Ex. PW -1/B). Inspector Purshotam Dhiman (PW -14) to whom investigation was handed over by SI Satish Kumar, recovered incriminating articles, i.e. bed sheet (P -7) and clothes (Ex. P -2 to P -5) etc. vide Memo (Ex. PW -1/C and Ex. PW -9/A), from the tenanted premises owned by Shri Pradeep Sharma (PW -9). Statement of the prosecutrix (Ex. PW -1/F) was got recorded before Additional Chief Judicial Magistrate, Sarkaghat, under the provisions of Section 164 of the Code of Criminal Procedure. Record pertaining to the date of birth of the prosecutrix, i.e. Birth Certificate and Age Certificate from the School (Ex. PW -4/B and Ex. PW -5/B) as also report of the FSL (Ex. PW -7/B) were taken on record. With the completion of investigation, which, prima facie, revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

(3.) IN order to establish its case, prosecution examined as many as 14 witnesses and statement of the accused, under the provisions of Section 313 of the Code of Criminal Procedure, was also recorded, in which he took plea of innocence and false implication. Accused did not lead any evidence in defence.