MOHAN LAL Vs. STATE OF H P

JUDGEMENT

(1.) The instant appeal is directed against the judgment rendered on 19.06.2015 by the learned Special Judge, Shimla, District Shimla, H.P. in Sessions trial No.18-S/7 of 2014, whereby, the learned trial Court convicted and sentenced the appellant/accused as under: <FRM>JUDGEMENT_369_LAWS(HPH)7_2016_1.html</FRM>

(2.) Brief facts of the case which are necessary to determine the appeal are that the prosecutrix made a statement under Section 154 of the Code of Criminal Procedure (hereinafter referred as Cr.P.C.) disclosing therein that she is residing at Kasturba Balika Asharam, Durgapur from 29.3.2014. Her father is agriculturist, whereas, her mother had left her matrimonial home about four years ago. According to the prosecutrix, her mother had solemnized marriage. They are five brothers and sisters and she is the eldest one. Her father used to beat her mother as well as his children. Due to this act of the father of the prosecutrix, her mother left the matrimonial home. Father of the prosecutrix is also stated to be in the habits of drinking. When the mother of the prosecutrix left her matrimonial home, her father used to ravish her continuously. Due to the fear and beatings given by the accused, the prosecutrix has not disclosed this fact to anyone or her relatives. On 28.3.2014, she left the house of her father and came to Shimla. On 29.3.2014, she was noticed by the police at ISBT, Shimla, thereafter, the workers from child help line were called to take the prosecutrix to Kasturba Balika Ashram, Durgapur. Prosecutrix further got recorded that she has not disclosed this fact to anyone and after residing in the said Ashram for a week, on 4.4.2014, she left the Ashram along with her friend. Both of them had gone to Solan where both of them were nabbed by the police and were brought to Police Station, Dhalli. On inquiry by the police, she disclosed all these facts to the police. On the basis of said statement, the police of Police Station, Dhalli recorded zero FIR under Sections 376, 506, IPC read with Section 4 of the Protection of Children from Sexual Offences Act (hereinafter referred to as the "POCSO Act"). The zero FIR was sent to Police Station, Chirgaon, where FIR No.21/2014 under Sections 376(2), 506 IPC and Section 4 of POCSO Act was registered. After the registration of the FIR, the police started the investigation in the case and concluded all the formalities thereto.

(3.) On conclusion of the investigation, into the offence, allegedly committed by the accused, a report under Section 173 of the Code of Criminal Procedure was prepared and filed in the Court.