JAI SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is directed against the judgement rendered on 7.5.2015 by the learned Special Judge, Mandi, in Sessions trial No. 35/2013, whereby the latter convicted and sentenced the accused for his having committed offences punishable under Section 5(m) of the Protection of Children from Sexual Offences Act read with Section 376(2)(f) besides read with Section 506 of the Indian Penal Code. The accused/convict is aggrieved by the renditions of the learned Special Judge, Mandi. Being aggrieved he has come to institute the instant appeal before this Court assailing the findings of conviction recorded therein. He has canvassed before this Court that this Court in the exercise of its appellate jurisdiction reverse the findings of conviction recorded against him by the learned Special Judge, Mandi.

(2.) The prosecution story, in brief, is that the accused/appellant herein was God brother of uncle of the prosecutrix and was frequently visiting their house. On 1.4.2013, the prosecutrix PW-11 along with PW-9 were playing in their house. The accused came to their house and asked PW-11 and PW-9 to accompany him to forest for collection of 'Gucchi". The accused carried PW-9 on his back and prosecutrix accompanied them on foot to the forest. The accused showed obscene clippings on his mobile phone to PW-9 and PW-11. Thereafter he directed PW-11 and PW-9 to took off their Pajama. PW-9 ran away, however, PW-11 victim was caught by the accused. The accused took off her Pajama and she was laid on the ground. The accused laid over the prosecutrix and tried to insert his private part into her private part. The victim raised cries. The accused put finger into the private part of the victim and thereafter threatened PW-11 and PW-9 not to disclose anything about this incident to anyone. PW-11 and PW-9 keep quite for some time, however, on 11.4.2013, when they were playing in the courtyard, they started quarrelling and PW-9 threatened to disclose the incident to the mother of the victim. Thereafter, the victim started crying. PW-4, mother of the victim made inquiries from the victim and thereafter a complaint Ext.PW-3/A was lodged with the police station and on the basis of which FIR Ext.PW.3/B was registered. The victim was produced before PW-1 Dr. Seema and her MLC Ext.PW-1/B was obtained. The clothes of the victim and her vaginal swab sample were preserved and handed over to the police for chemical examination. The accused was arrested and was got medically examined. The doctor opined as per MLC Ext.PX that the accused was capable of performing sexual intercourse. The mobile phone of the accused Ext.P.2 was also taken into possession vide memo Ext.PW.4/A. The Investigating Officer prepared spot map Ext.PW.12/B and also recorded the statements of witnesses as per their versions. The case property was deposited with the MHC and thereafter forwarded to the Regional Forensic Science Laboratory, Mandi. The Regional Forensic Science Laboratory, Mandi after examination submitted the report Ext.P.Y. The accused while in police custody identified the place of occurrence vide memo Ext.PW.4/A. During the investigation, date of birth certificate of the prosecutrix Ext.PW.7/A, copy of Parivar Register Ext.PW.7/B were obtained. After completion of the investigation, the challan was prepared and put up before the Court for trial.

(3.) After completion of the investigation, challan, under Section 173 of the Cr.P.C. was prepared and filed in the Court. The trial Court charged the accused for his having committed offences punishable under Section 5(m) of the Protection of Children from Sexual Offences Act read with Section 376(2)(f) besides read with Section 506 of the Indian Penal Code. to which he pleaded not guilty and claimed trial.