AMAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Present appeal is filed against the judgment and sentence passed by learned Sessions Judge-cum-Special Judge Chamba in Sessions Trial No. 18 of 2014 titled State of H.P. vs. Aman @ Ram decided on 30.10.2014.

(2.) Brief facts of the case as alleged by prosecution are that on 28.12.2013 at about 5.30 PM minor prosecutrix aged six years was playing near her house. It is alleged by prosecution that appellant called the minor prosecutrix and took minor prosecutrix to old dilapidated quarter of H.P.PWD situated at Tala locality and thereafter opened trouser of minor prosecutrix aged six years and committed sexual assault under POCSO Act 2012. It is alleged by prosecution that in the meanwhile Smt. Usha who is relative of minor prosecutrix reached at the place of incident. It is alleged by prosecution that minor prosecutrix was crying and blood was oozing out from her private parts. It is alleged by prosecution that thereafter PW1 Usha and PW7 Radhika took minor prosecutrix to police station and reported the matter and FIR Ext.PW1/A was registered by PW6 Additional SHO Harnam Singh. It is alleged by prosecution that thereafter Additional SHO Harnam Singh sent minor prosecutrix to regional hospital Chamba with lady C. Puja for her medical examination. It is alleged by prosecution that minor prosecutrix was medically examined by PW8 Dr. Swati Mahajan. It is alleged by prosecution that medical officer namely Dr. Swati Mahajan observed that bleeding was present upon vagina of minor prosecutrix which was red in colour. It is alleged by prosecution that medical officer issued MLC Ext.PW8/A. It is alleged by prosecution that PW8 Dr. Swati Mahajan preserved undergarments and vaginal swab of minor prosecutrix and thereafter handed over the same to Investigating Agency. It is alleged by prosecution that thereafter PW6 Harnam Singh visited the spot of incident and prepared site plan Ext.PW6/D. It is also alleged by prosecution that PW6 Harnam Singh obtained photographs of spot Ext.PW6/A-1 to Ext.PW6/A-5 and recorded statement of minor prosecutrix and statement of complainant Usha as per their versiosn. It is alleged by prosecution that on 30.12.2013 Harnam Singh PW6 produced minor prosecutrix before Judicial Magistrate Chamba who recorded statement of minor prosecutrix. It is alleged by prosecution that statement of minor prosecutrix recorded before learned Judicial Magistrate 1st Class Chamba was videographed by PW3 Vikram Singh and CD thereof Ext.PW6/F was prepared. It is alleged by prosecution that thereafter PW6 Harnam Singh obtained birth certificate of minor prosecutrix Ext.PW6/G and as per birth certificate of minor prosecutrix minor prosecutrix was born on 2.7.2007. It is alleged by prosecution that PW6 Harnam Singh deposited the clothes of minor prosecutrix along with vaginal swab with PW5 Neeraj Kumar and same were entered into malkhana register Ext.PW5/A. It is alleged by prosecution that thereafter clothes and vaginal swab of minor prosecutrix along with documents were handed over to Abdesh Kumar with direction to deposit the same in the office of RFSL Dharamshala along with RC No. 4 of 2014 Ext.PW5/B. It is also alleged by prosecution that thereafter PW4 C. Abdesh Kumar deposited the articles handed over to him by PW5 MHC Neeraj Kumar at RFSL Dharamshala, which were examined by Scientific Officer and Assistant Director Biology and Serology at Dharamshala and report Ext.PW6/H was sought. It is alleged by prosecution that accused was also medically examined and opinion of medical officer was sought and medical officer has opined that accused was capable to perform sexual intercourse and MLC Ext.PA of accused was obtained.

(3.) Charge was framed by learned Sessions Judgecum-Special Judge Chamba (H.P.) against appellant Aman @ Ram under Section 376 IPC and under POCSO Act 2012. Accused did not plead guilty and claimed trial.