RAKESH KUMAR Vs. STATE OF H.P

JUDGEMENT

(1.) The instant appeal stands directed against the impugned judgment of 20.5.2014 rendered by the learned Special Judge Sirmaur District at Nahan, H.P.,in Sessions trial No. 44-ST/7 of 2013, whereby the learned trial Court convicted the appellant (hereinafter referred to as "accused") for his committing an offence punishable under Sec. 377 of the Penal Code and Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 also sentenced him as follows:- "Under Sec. 377 Penal Code to undergo rigorous imprisonment for seven years and to pay a fine of Rs.10,000.00 and in default of payment of fine, he shall further undergo simple imprisonment for two months. Under Sec. 4 of POCSO Act : to undergo rigorous imprisonment for seven year and to pay a fine of Rs. 10,000.00 and in default of payment of fine he shall further undergo simple imprisonment for two months."

(2.) Brief facts of the case are that PW-1 aged 12 years was studying in Shamsher Senior Secondary School, Nahan and used to play in the chowgan playing ground adjoining to the school. On 22.6.2013 PW-1 alongwith his cousin had gone to the Chow-gan for playing where fair was going on. Accused met him and offered him ice-cream. PW-1 initially declined to accept the ice-cream but later on he accepted the same. Thereafter the accused took him behind the school and unzipped his pant and took out his male organ and asked him to hold and shake. PW- 1 followed the instructions of the accused. On 23.6.2013 at about 11 A.M. PW-1 was playing with his friends in the ground and the accused took him to Kala Amb where he served PW-1 cold drink, bread slice and cane juice. The accused thereafter came in HRTC Bus and alighted from the bus 1 or 2 KM short of Nahan. PW-1 was taken to one Khala and thereafter the accused committed carnal intercourse with him. PW-1 cried in pain but was slapped by the accused and threatened to keep quite. Thereafter the accused put his penis into the mouth of PW-1 and discharge semen on the ground. The accused also gave a currency note of Rs.500.00 to PW-1 and threatened him not to disclose this incident to anyone. On the next day the accused met PW-1 in the Chowgan and demanded a sum of Rs.500.00. When the maternal uncle of PW-1 came there the accused fled away from the spot. On the next day PW-1 again came to chowgan for playing and the accused demanded a sum of Rs.500.00 in the meantime mother of PW-1 came on the spot and asked the accused as to why he is spoiling her son by giving money, but the accused fled away from the spot. In the evening PW-1 disclosed the entire incident to his mother. Thereafter Rapat Ex.PW-5/A was lodged and FIR was registered. After completing all codal formalities and on conclusion of the investigation into the offence, allegedly committed by the accused challan was prepared and filed in the Court.

(3.) The accused stood charged by the learned trial Court for his committing offences punishable under Sec. 377 of Penal Code and under Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 to which he pleaded not guilty and claimed trial.