DES RAJ Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 14.8.2014 rendered by the Special Judge, Kinnaur at Rampur in Sessions Trial No. 26 of 2013 whereby the appellant -accused (hereinafter referred to as the "accused" for convenience sake), who was charged with and tried for offences punishable under Ss. 363 and 376, IPC and Sec. 4 of the Protection of Children from Sexual Offences Act, has been convicted and sentenced as under:

(2.) Prosecution examined as many as 23 witnesses to prove its case against the accused. Statement of accused under Sec. 313, Cr.P.C. was recorded. He has admitted that he was residing as a farm labourer in the village. The prosecutrix was studying in 9th Class in a local school. He has also admitted that parents of the victim had come to him and inquired about her, on which he told that she has gone towards upper side. He has also stated that victim wanted to marry him. He was coming to shop when she met him on the way and asked him to tell another girl to come to school early in the morning as cleaning was to be done in the school. He returned to his home from the shop. Victim was standing near his house. She came to his room and told that she wanted to marry him otherwise she would commit suicide by taking poison. Thereafter, he committed that act. Learned trial Court convicted and sentenced the accused as noticed hereinabove. Hence, this appeal.

(3.) Mr. Satyen Vaidya, learned Senior Advocate, has vehemently argued that the prosecution has failed to prove its case against' the accused.