BAKSHI RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 26.5.2015, rendered by the learned Special Judge, Mandi, H.P. in Sessions Trial No. 07/2014, whereby the appellant -accused (hereinafter referred to as accused) who was charged with and tried for offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012, (hereinafter referred to as the POCSO Act), read with Section 376(2)(i) of IPC, for committing aggravated penetrative sexual assault upon the victim aged about 4 years on 20.11.2013 at about 3:30 PM, was convicted and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs. 10,000/ - for the commission of offence under Section 6 of the POCSO Act read with Section 376(2)(i) IPC and in default of payment of fine he was further ordered to undergo simple imprisonment for two months. The victim was also held entitled to a sum of Rs. 25,000/ - as compensation under the Victim Compensation Scheme.

(2.) THE case of the prosecution, in a nut shell, is that PW -15, victim (name withheld), is the minor daughter of PW -13 and PW -16 and granddaughter of PW -14. In the month of November, 2013, PW -13, father of the victim was serving at Chandigarh. On 20.11.2013 at about 8:30 PM, the victim complained pain in her private part and requested her mother to apply some medicine. On enquiry, the victim disclosed that the accused had touched his private part with her private part. The mother of the victim informed her husband. She also made enquiry from the accused who threatened that the victim shall be defamed in case the occurrence comes to light. Application Ext. PW -9/A was moved before the Executive Magistrate, Sarkaghat by the grandfather of the victim. Thereafter, the police visited the spot and recorded the statement of PW -16 vide Ext. PW -9/B. On the basis of the statement, FIR Ext. PW -9/C was registered. The victim was produced before the Medical Officer and MLC Ext. PW -16/A was obtained. The statement of victim Ext. PW -12/A was recorded and also videographed. The bed sheet was taken into possession. The date of birth certificate of the victim Ext. PW -4/B was obtained according to which the victim was born on 14.10.2009. The statement of the victim was also recorded before the ACJM, Sarkaghat vide Ext. PX under Section 164 Cr.P.C. The accused was arrested and produced before the Medical Officer. He issued MLC Ext. PW -2/B. The matter was investigated and challan was put up after completing all the codal formalities.

(3.) MR . Neel Kamal Sharma, Advocate, for the accused has vehemently argued that the prosecution has failed to prove its case against the accused. He also contended that it is not believable that a man aged 83 years old would commit rape on minor 4 years old. On the other hand, Mr. M.A. Khan, learned Addl. Advocate General, appearing for the State has supported the judgment of the learned trial Court dated 26.5.2015.