KULDEEP KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is instituted against Judgment dated 9.7.2014 rendered by learned Special Judge, Sirmaur at Nahan, HP in Sessions trial No. 53-ST/7 of 2013, whereby appellantaccused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Section 376 and 506 Indian Penal Code read with Section 4 of Prevention 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. 10,000/- for offence under Section 376 IPC and, in default of payment of fine, to further undergo simple imprisonment for six months. He has been convicted and sentenced to undergo rigorous imprisonment for one and year to pay a fine of Rs. 1,000/- for offence under Section 506 IPC, in default of payment of fine, to further undergo simple imprisonment for one month. He has also been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 10,000/- for commission of offence under Section 4 of Prevention of Children from Sexual Offences Act, 2012, in default of payment of fine, to further undergo simple imprisonment for six months.

(2.) Case of the prosecution, in a nutshell, is that the prosecutrix was a student of 7th class in Government Middle School Thod Niwad in the month of August, 2013. Her date of birth is 15.9.2001. Her grand mother had gone to Rajgarh. Accused came to her house at 1 pm, gagged her mouth, took her to toilet and committed sexual intercourse with her. PW-5, father of prosecutrix woke up and found that accused had committed sexual intercourse with her. Accused quarreled with father. PW-5 Sanjay Kumar, disclosed the incident to PW-8 Jitender Vermani. He made PW-4 Shanti Devi talk with father (PW-5). Thereafter, PW-4 visited police station Rajgarh and informed the police. Statement of PW-4 was recorded vide Ext PW-4/A. FIR Ext. PW-10/A was recorded. Prosecutrix was produced before PW-12, Dr. Priyanka. During investigation, blood sample on FTA for DNA profiling was obtained. Accused was also arrested and medically examined. Blood sample of accused was obtained. Statement of prosecutrix was also recorded before Judicial Magistrate 1st Class, Rajgarh vide Ext. PW-3/A. Investigation was completed and Challan was put up in the Court after completing all codal formalities.

(3.) Prosecution has examined as many as 16 witnesses to prove its case against the accused. Accused was also examined under Section 313 CrPC. His case was that of denial simpliciter. Accused was convicted and sentenced as noticed herein above. Hence, this appeal.