RAM SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) In this appeal filed under Sec. 374 Cr.P.C., convict Ram Singh has assailed the judgment dated 07.11.2013/12.11.2013, passed by learned Judge Special Court, Una, H.P., in Sessions Case No. 7 -VII -2013, titled as State of Himachal Pradesh Versus Shri Ram Singh, whereby he stands convicted for having committed offences punishable under the provisions of Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the POCSO Act) and Sec. 506 -II of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years and pay fine in the sum of Rs. 5,000/ -, for commission of offence punishable under the provisions of Sec. 6 of the POCSO Act and in default thereof, further to undergo simple imprisonment for a period of three months and also sentenced to serve rigorous imprisonment for one year and pay fine in the sum of Rs. 2000/ - for the commission of offence punishable under the provisions of Sec. 506 -II IPC and in default thereof, further to undergo simple imprisonment for a period of one month.

(2.) It is the case of prosecution that prosecutrix was permanently residing with her aunt for her father, after murdering her mother, had left her alone to fend by herself. Prosecutrix aged 8 years, was studying in a local school. Accused, who is her cousin, had been subjecting her to sexual intercourse and last such assault took place on 24.05.2013, when after gagging her mouth, not only he subjected her to sexual intercourse, but also threatened her not to disclose the incident to anyone. However, on 30.05.2013, prosecutrix narrated the incident to her teacher Beera Sharma (PW.7), who in turn informed Head Mis tress Anupama Rani (PW.9), which led to the lodging of a formal complaint with the police. FIR No. 149 of 2013, dated 31.05.2013 (Ex. PW.20/A) was registered at Police Station, Sadar, Una, H.P., against the accused, for committing offences punishable under the provisions of Ss. 376 of IPC and Sec. 4 of the POCSO Act. SI Trilok Singh (PW.21), conducted the investigation. Prosecutrix was got medically examined both from the point of crime as also determination of age. Also record qua age and link evidence was taken on record. Report of the Chemical Analyst (Ex. PW.1/C), pertaining to the articles recovered by the police was taken on record. With the completion of investigation, which prima facie revealed complicity of the accused in the alleged crime, Challan was presented in the Court for trial.

(3.) The accused was charged for having committed offences punishable under the provisions of Sec. 6 of the POCSO Act and Ss. 376 and 506 of IPC, to which he did not plead guilty and claimed trial.