KUNWAR LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) In this appeal filed under Section 374 Cr.P.C., convict Kunwar Lal has assailed the judgment dated 30.06.2016, passed by learned Special Judge, Chamba, H.P., in Sessions Trial No. 34 of 2014, titled as State of Himachal Pradesh Versus Kunwar Lal, whereby he stands convicted for having committed offences punishable under the provisions of Sections 452, 376 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the POCSO Act) and sentenced to undergo rigorous imprisonment for three years and pay fine in the sum of Rs.5,000/-, for commission of offence punishable under the provisions of Section 452 IPC and in default thereof, further to undergo simple imprisonment for six months. Convict was further sentenced to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs.5000/- for the offence punishable under Section 376 IPC, read with Section 6 of the POCSO Act and in default thereof, further to undergo simple imprisonment for a period of six months.

(2.) The challenge is laid on the ground that without correctly and completely appreciating the material so placed on record by the prosecution, trial Court committed an illegality in convicting the accused. All this resulted into travesty of justice.

(3.) After examining the record, we find the trial Court to have fully and correctly appreciated the testimonies of the prosecution witnesses (fourteen in number), as also correctly interpreted and applied the law.