ALAM CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) In this appeal filed under Section 374 Cr.P.C., convict Alam Chand has assailed judgment dated 14.08.2014, passed by Special Judge, Kullu, H.P., in Sessions Trial No.140 of 2013 (2903 of 2013), titled as State Versus Alam Chand, whereby he stands convicted for having committed offences punishable under the provisions of Section 4 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the POCSO Act) and Section 506 of the Indian Penal Code and sentenced to serve rigorous imprisonment for a period of ten years and to pay fine of Rs.25,000/ - and in default thereof, further to undergo rigorous imprisonment for a period of one year for commission of offence punishable under the provisions of Section 4 of the POCSO Act. Also he was sentenced to undergo rigorous imprisonment for one year for the commission of offence punishable under the provisions of Section 506 of the Indian Penal Code.

(2.) On the basis of statement of the prosecutrix (Ex.PW.1/B), FIR No. 85/2013, dated 08.07.2013 (Ex.PW.1/A), came to be registered at Police Station, Manali, H.P., under the provisions of Sections 376 (1), 506 of IPC and Section 4 of the POCSO Act, against the accused. Statements of the prosecutrix (Ex.PW.1/D & Ex.PW.1/E) came to be recorded before the Judicial Magistrate, Manali. Allegedly, sometime in the month of April, 2013 , prosecutrix was subjected to sexual intercourse by her uncle, Alam Chand, in Village Diyar. She was threatened and criminally intimidated not to reveal such fact and out of fear of her life, she did not reveal the incident to anyone. On 06.07.2013, accused visited the prosecutrix at her house, at village Prini, where he molested her and when she raised hue and cry, accused again threatened to kill her. Eventually prosecutrix narrated the incident to her grandparents, who got the matter reported to the police. During investigation, prosecutrix was medically examined from Dr.Usha Sharma (P W.8), who issued MLC (Ex.PW.8/A). Investigating Officer, SI Rajesh Kumar (PW.9), also took into possession incriminating material in the shape of bed sheet etc. and clo thes of the prosecutrix as also the accused, which were sent for chemical examination, report whereof Ex.PW.1/E obtained and taken on record. Investigation revealed that prosecutrix was born on 18.04.2000 and birth certificate (Ex.PW.5/B) 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 Sections 376(1), 506 of the Indian Penal Code and Section 4 of POCSO Act, to which he did not plead guilty and claimed trial.