SHEHZAD ALI SHAH Vs. STATE OF H.P.

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction dtd. 12/7/2022 and order of sentence dtd. 13/7/2022 passed by learned Additional District and Sessions Judge, Fast Track, Special Court (POCSO), Solan, District Solan, H.P. (learned Trial Court)vide which the appellant (accused before the learned Trial Court) was convicted of the commission of offences punishable under Ss. 363& 366 of the Indian Penal Code (for short 'IPC) and Sec. 6 of Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act') read with Sec. 376 of IPC and sentenced as under:- <FRM>JUDGEMENT_28_LAWS(HPH)1_2025_1.html</FRM>

(2.) It was ordered that all the substantive sentences of imprisonment would run concurrently, and the victim would be paid 50% compensation out of the fine amount if realised.(The parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

(3.) Briefly stated, the facts giving rise to the present appeal are that the police filed a charge sheet before the learned Trial Court for the commission of offences punishable under Ss. 363 and 366 of IPC, Sec. 4 of POCSO Act and Sec. 3(1) (xii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC&ST Act'). It was asserted that the victim's father filed a complaint (Ext. PW-2/A) before the Superintendent of Police Baddi, District Solan, H.P., stating that his daughter (the victim) was residing with him. She returned from school on 8/11/2016 and complained about stomach ache. Accused Shehazad Ali Shah took her to the doctor at about 5:30 p.m. to get her treated. She left with the accused but did not return. The victim was born on 17/3/2002 and was aged 14 years on the date of the incident. The informant searched for the victim and the accused but could not trace them. The police registered the F.I.R. (Ext.PW-16/K). S.I Krishna Devi (PW-18) conducted the investigation. She prepared the spot map (Ext.PW-18/A), showing the place/hut from where the victim was taken. She received information that the accused and victim were residing in Maharashtra. The police team and the informant went to Vasai in Maharashtra, where the victim and accused were found in the fish market. The informant identified them. The victim was handed over to her father vide memo (Ext.PW-2/B). The accused made a disclosure statement (Ext.PW2/C) that he could show the room at Mangroli, where he was residing with the victim. He led the police to the room. SI Krishna Devi (PW-18) prepared the identification memo (Ext.PW-1/B) and site plan (Ext.PW-18/B). She took the photographs (Ext.PW-16/B1 and Ext.PW-16/B2). A bed sheet (Ext.P-2) was found in the room, which was sealed in a parcel with seven seals of seal 'T'. The parcel was seized vide memo (Ext.PW-1/A). Sample seal 'T' was retained on a piece of cloth (Ext.PW-18/C), and the seal was handed over to witness Ram Gopal after the use. An application (Ext.PW-7/A) was filed for conducting the medical examination of the victim. Dr. Geeta Gupta (PW-10) conducted her medical examination and found that there was nothing to suggest that sexual intercourse had not taken place. She preserved the victim's sample and her clothes. She obtained a blood sample of the victim on an FTA card for DNA profiling. She handed over all these articles to the police official accompanying the victim after properly sealing them. She issued MLC(Ext. PW-10/A). An application (Ext.PW-15/A) was filed for conducting the medical examination of the accused. Dr Vijay Kumar Kashyap (PW-15) medically examined the accused and found that there was nothing to suggest that he was incapable of performing sexual intercourse. He preserved the sample of the accused and handed it over to the police official accompanying the accused. He issued MLC (Ext.PW-15/B). Further investigation of the case was conducted by Inspector Rita (PW-16). She filed an application (Ext.PW-4/A) to obtain the birth record of the victim. Satinder Kumar Joshi (PW-4) issued the attested copy of the admission form (Ext.PW-4/B), school leaving certificate (Ext.PW-4/C) and an abstract of admission and withdrawal register (Ext.PW-4/D). These were seized vide memo (Ext.PW-4/E). The accused made a statement that he could identify the Jhuggi where he had committed sexual intercourse with the victim. He led the police and witnesses to the Jhuggi. Inspector Rita (PW-16) prepared the Identification memo (Ext.PW-1/B) and spot map (Ext.PW-16/A). She took the photographs (Ext.PW-16/B1 to Ext. PW-16/B3) and issued the certificate (Ext.PW-16/C). Ravi Kumar (PW-6) produced the motorcycle and the documents. The motorcycle was identified by the victim vide memo (Ext.PW-1/C). An application (Ext.P-10) was filed for recording the statement of the victim under Sec. 164 of Cr.P.C. The victim's statement (Ext.P-9) was recorded by the learned Judicial Magistrate First Class, Court No.2, Nalagarh. The case property was deposited with HC Bheem Singh, who entered it in the register of Malkhana at Sl. No. 1 (Ext.PW-11/A) and sent it to SFSL Junga through LC Leela Devi (PW-7) vide RC No. 1/16-17 (Ext. PW-11/B). LC Leela Devi (PW-7) deposited all the articles in a safe condition at SFSL, Junga. The result of the analysis (Ext.PW-16/E) was issued, showing that human semen was detected on the bed sheet and the underwear of the accused. Human blood was also detected on the underwear and vest of the victim. The result of the analysis (Ext.PW-16/J) was issued in which it was shown that the DNA profile obtained from the bed sheet matched completely with the DNA profile obtained from the blood sample of the accused. ASI Rajesh Kumar (PW-14) obtained the victim's Caste Certificate (Ext.PW14/A)and a copy of the notification Ext.PW-14/B (English version), Ext.PW-14/C (Hindi version). He obtained the abstract of the school admission register (Ext.PW-14/D), school registration (Ext.PW-14/E) and certificate (Ext.PW-14/F), showing the date of birth of the victim as 17/3/2002. The statements of the remaining witnesses were recorded as per their version, and after the completion of the investigation, a challan was prepared and presented before the learned Trial Court.