HEM RAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) In this appeal filed under Sec. 374 Crimial P.C. convict Hem Raj has assailed judgment dated 10.02.2016, passed by Special Judge, Hamirpur, H.P., in Sessions Trial No.21 of 2014, titled as State of H.P. Vs. Hem Raj, whereby he stands convicted for having committed offences punishable under the provisions of Sec. 4 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the POCSO Act) and Sec. 506 Part-II of the Indian Penal Code and sentenced to serve rigorous imprisonment for a period of seven years and to pay fine of Rs. 20,000.00 and in default thereof, further to undergo simple imprisonment for a period of one year for commission of offence punishable under the provisions of Sec. 4 of the POCSO Act. Also he was sentenced to undergo rigorous imprisonment for a period of one year for the commission of offence punishable under the provisions of Sec. 506 Part-II of the Indian Penal Code and to pay fine of Rs. 5000.00 and in default thereof, further to undergo one month simple imprisonment.

(2.) It is the case of prosecution that prosecutrix aged approximately ten years was subjected to sexual assault by the accused. Such act was committed by extending threats and with criminal intimidation. Last of such acts was committed on 22.06.2014 and the matter reported to the police on 13.07.2014, when FIR No.104/2014 (Ex.PW.20/A) came to be registered. 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. 4 of POCSO Act and Sections 376(2)(i) and 506(2) of the Indian Penal Code, to which he did not plead guilty and claimed trial.