PREM BAHADUR Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is instituted against the judgment/order dated 1.12.2014/2.12.2014 rendered by the Judge, Special Court, Una in Sessions Trial No. 30/2014, whereby the appellant-accused (hereinafter referred to as the "accused" for convenience sake), who was charged with and tried for offences punishable under section 6 of the Protection of Children from Sexual Offences Act No.32 of 2012, under sections 376, 506, 323 and 201 of the Indian Penal Code has been convicted and sentenced to imprisonment for whole of his life and to pay a fine of Rs. 10,000/- for the offence punishable under section 6 of Protection of Children from Sexual Offences Act No.32 of 2012 and in default of payment of fine he was further directed to undergo simple imprisonment for six months. He was further sentenced to rigorous imprisonment for six months and to pay a fine of Rs. 1,000/- for the offence punishable under section 323 of IPC and in default of payment of fine he was further directed to undergo simple imprisonment for one month. He was also sentenced to rigorous imprisonment for one year and to pay a fine of Rs. 2,000/- each for the offences punishable under sections 506 and 201 of IPC and in default of payment of fine, he was further directed to undergo simple imprisonment for two months each. All the sentences were ordered to run concurrently.

(2.) Case of the prosecution, in a nutshell, is that accused was living in a Kutia (cave) in the forest of village Saloh, Tehsil Haroli, District Una. The victim was 9 years old. About 3 years back, one Kastoori Nath, resident of Haridwar, alleged God father of victim, left the victim with the accused. Accused got the victim admitted in the Government Primary School, Saloh. On 11.4.2014, Ashwani Kumar, Pradhan, Gram Panchayat, Saloh gave information to Police Post, Pandoga through his mobile phone that the victim was being sexually harassed by the accused. Rapat Ex.PW-7/A was registered. The victim got her statement recorded under section 154 Cr.P.C. to the effect that for the last 4 years she was living with her God uncle accused Digamber Nath. She was student of 4th standard. Accused used to give her beatings and threatening for doing bad act (vaginal penetrative assault) with her. About a month back, he stripped off his and her clothes and did bad act with her. The accused threatened her not to tell about this act to anybody otherwise she would be killed by him. According to the victim, last night also accused stripped off his clothes and asked her too to strip off the clothes and when she refused to do so accused gave her beatings and ousted her from the Kutia. FIR Ex.PW-19/A was registered. The victim was medically examined at R.H. Una. The Radiologist opined the age of the victim between 9-10 years. Statement of the victim was also recorded under section 164 Cr.P.C. Blood samples of accused as well as victim were taken for D.N.A. test. The police investigated the case and the challan was put up in the Court after completing all the codal formalities.

(3.) Prosecution examined as many as 23 witnesses in all to prove its case against the accused. Statement of accused under Section 313 Cr.P.C. was recorded. According to him, the villagers wanted to oust him from the village and once they had also set his Kutia on fire. He has been falsely implicated in the case. Learned trial Court convicted and sentenced the accused as noticed hereinabove. Hence, this appeal.