SHAM KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 3/7/2021 passed by the learned Special Judge, Fast Track Special Court under POCSO (Kangra at Dharamshala), vide which, the appellant (accused before the learned Trial Court) was convicted and sentenced as under:

(2.) Briefly stated, the facts giving rise to the present appeal are that the police presented a challan against the accused before the learned Trial Court for the commission of offences punishable under Ss. 363, 366, 376 and 120B of the Indian Penal Code (in short 'IPC') and Sec. 4 and 17 of Protection of Children from Sexual Offences Act (in short 'POCSO Act'). It was asserted that the victim was found missing on 27/6/2017 from her home at about 5:00 am. A black car bearing registration No. HP-56 was also found outside the home. The victim's father searched for her, but could not find her. He suspected that the victim was kidnapped by accused Sham Kumar, who used to follow her. The police registered the FIR (Ext. PW18/A) and handed over the investigation to ASI Pal Singh (PW22). He searched for the accused and the victim. They were recovered on 6/7/2017 at the Railway Station, Kalupur, Ahmedabad. The victim made a statement to LC Suman. An application (Ext. PW11/A) was filed for the medical examination of the accused. Dr. S. Chakarvarty (PW11) medically examined the accused. He did not find any injury on the person of the accused. As per his opinion, there was nothing to suggest that the accused was incapable of performing sexual intercourse. He issued the MLC (Ext. PW11/B) and handed over the samples to the police official accompanying the accused. ASI Pal Singh filed an application (Ext. PW13/A) for the medical examination of the victim. Dr. Priti Sood (PW13) conducted her medical examination. She found that there was nothing to suggest that the victim was not subjected to intercourse. She issued the MLC (Ext. PW13/B). She preserved the samples and handed them over to the police official accompanying the victim. Mobile Phone (Ext. P7) of the accused was seized vide memo (Ext. PW3/A). It was put in a parcel (Ext. P6) and the parcel was sealed with seal impression 'O. The vehicle bearing registration No. HP-29B-9000 was seized along with the RC (Ext. PA-1) and the driving license (Ext. PA-II) vide memo (Ext. PW19/C). An application (Ext. PW19/A) was made to the learned Judicial Magistrate First Class, Palampur, for recording the statement of the victim. Her statement (Ext. PW1/A) was recorded, which was also videographed, and the video recording was transferred to CD (Ext. PW19/B1). The room No.102 and 104 of Hotel Neelkanth were identified by the accused. Memo of identification (Ext. PW5/D) was prepared. The abstract of the visitor's register (Ext. PW5/B) and copies of the Aadhar Card of the accused and the victim (Ext. PW5/C) were seized vide memo (Ext. PW5/A). The victim also identified room No. 104. Memo of identification (Ext. PW1/B) and spot map (Ext. PW19/E) were prepared. An application (Ext. PW16/A) was filed for obtaining the birth certificate of the victim. Raman Kumar (PW16) produced the birth certificate (Ext. PW16/B) showing that the victim was born on 29/8/2000. The photographs of the hotel (ExtPW1/D1 to Ext. PW1/D9) were taken. The call detail records (Ext PW19/F1 to Ext PW19/F10) were seized. The case property was sent to FSL, and the result of the analysis (Ext. PA) was issued, in which it was mentioned that blood and semen were not detected in the samples sent to the laboratory. Statements of remaining witnesses were recorded as per their version, and after the completion of the investigation, the challan was prepared and it was presented before the Court.

(3.) Learned Trial Court charged the accused Sham Kumar with the commission of offences punishable under Ss. 363, 366, and 376 read with Sec. 120-B of IPC and Sec. 4 of POCSO Act and accused Akshay Kumar, Vinod Kumar and Ashwani with the commission of offences punishable under Sec. 363, 366 read with Sec. 120B of IPC and Sec. 17 read with Sec. 4 of POCSO Act.