BHOT RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is instituted against Judgment/Order dated 30.5.2015/18.6.2015 rendered by learned Special Judge, Kangra at Dharamshala (HP) in Sessions Case No. 22 -D/VII -2013, whereby appellant -accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence punishable under Sections 376, 354, 506 IPC and Sections 4 and 6 of Protection of Children from Sexual Offences Act, 2012, has been convicted and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 25,000/ - for offence under Section 6 of Protection of Children from Sexual Offences Act, 2012, in default of payment of fine, to further undergo simple imprisonment for two years. The accused has also been sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 5,000/ -, under Section 506 IPC, and, in default of payment of fine, to further undergo simple imprisonment for six months.

(2.) CASE of the prosecution, in a nutshell, is that, Bhot, is the brother -in -law of the complainant. On 6.8.2013, accused paid a visit to the house of the complainant. Accused used to come to the house of the complainant on earlier occasions also. On 7.8.2013, husband of the complainant had gone to Draman for work and her brother -in -law, Manjeet Singh had gone to Dhar. Her mother -in -law had gone to somebody's house. Complainant, her daughter and accused were in the room. At 12.30 pm, the complainant had gone to Khaniyara Bazaar. When she came back in about one hour, she found prosecutrix weeping. She administered medicine to her. On 8.8.2013, in the morning hours, her husband, elder brother -in -law of the complainant and her mother -in -law had gone to work. Complainant herself had gone to toilet at the back of the house. When she came back in 3 -4 minutes, she found accused carrying victim in his lap and he had put his right hand in the trousers of the prosecutrix and was fiddling with the private part of the prosecutrix. Prosecutrix was weeping loudly. Complainant snatched the prosecutrix from the accused. She had noticed blood on the private part of the prosecutrix. She questioned the accused what he has done with her daughter. She told him that she would report the matter to the police. Complainant took her daughter to the PHC Khaniyara. Doctor asked the complainant to take her to Dharamshala. Prosecutrix was taken to Dharamshala. Doctor at Zonal Hospital informed the police about the prosecutrix having been brought to the hospital. Police reached the hospital. Statement of the complainant was recorded vide Ext PW -1/A, by the Lady Head Constable Anita Devi. Thereafter, FIR Ext. PW -10/A was registered. Clothes of the prosecutrix were taken into possession, which were examined. Mother of the prosecutrix gave her consent for medical examination of the prosecutrix. Doctor issued MLC. Birth record of the prosecutrix shown in family register Ext. PW -14/A was obtained by the police. Date of birth of the prosecutrix was 3.7.2012. Accused was arrested. Investigation was completed and Challan was put up in the Court after completing all codal formalities.

(3.) MR . Vikas Rathore, Advocate, argued that the prosecution has failed to prove its case against accused.