KRISHAN CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is instituted against the judgment/order dated 17/18.2.2016, rendered by the learned Special Judge, Mandi, H.P., in Sessions Trial No. 47 of 2014, whereby the appellant-accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Sec. 376 Penal Code and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the POCSO Act) was convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 10,000.00 under Sec. 6 of the POCSO Act and in default of payment of fine, he was ordered to undergo simple imprisonment for six months. The victim was held entitled to compensation under Victim Compensation Scheme and 50% of the fine amount was also ordered to be paid to the victim through her parents.

(2.) The case of the prosecution, in a nut shell, is that PW-1, prosecutrix was born on 13.5.2001, as per birth certificate Ext. PW-5/B. On 12.6.2014, she went to school at 8:00 AM. Her mother and father were not present in the house and PW-2 Roshani Devi, grandmother was present in the house. PW-4 Rakesh Kumar her Uncle left house in connection with his employment and met victim near temple who was coming out of the bushes and was crying. PW-1 prosecutrix disclosed to PW-4 Rakesh Kumar that the accused had pushed her into the bushes and committed forcible intercourse with her. PW-4 Rakesh Kumar called PW-2 Roshani Devi and narrated everything to her. PW-2 Roshani Devi made inquiries from PW-1 prosecutrix who disclosed that she was ravished by the accused. PW-4 Rakesh Kumar went in search of the accused along with his brother and one Balwant Singh. PW-2 Roshani Devi along with PW-1 prosecutrix went to the Police Station and moved application Ext. PW-1/A whereupon FIR Ext. PW-10/A was registered in the Police Station. PW-12 Dr. Lata Chandel examined the prosecutrix and issued MLC Ext. PW-12/B. The statement of the victim was also recorded before the Magistrate vide Ext. PW-1/B. The accused was arrested. He was produced before PW-9 Dr. Parmod Guleria, who after examination issued MLC Ext. PW-9/B. The accused was also produced before PW-19 Dr. Dharam Pal and his blood on FTA card and DNA profiling was obtained. Similarly, PW-17 Dr. D.R. Sharma obtained the blood sample of victim on FTA card and Ext. PW-17/A was obtained. The matter was investigated and challan was put up before the Court after completing all the codal formalities.

(3.) The prosecution, in order to prove its case, has examined as many as twenty witnesses. The accused was also examined under Sec. 313 Crimial P.C. He pleaded innocence. He examined two witnesses in defence. The learned trial Court convicted and sentenced the accused, as noticed hereinabove. Hence, this appeal.