GORKHA RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Gorkha Ram, a convict (hereinafter referred to as the accused) is in appeal before this Court. He is aggrieved by the judgment dated 17.8.2017 passed by learned Special Judge, Kangra at Dharamshala in Sessions Case No. 41-D/VII of 2016, whereby he has been convicted for the commission of offence punishable under Sec. 5(m) and 5(n) of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "POCSO Act" in short) and sentenced to undergo rigorous imprisonment for a period of 10 years and also to pay a fine of Rs. 20,000.00.

(2.) A case, vide FIR No. 9 of 2016 dated 9.7.2016 came to be registered against the accused on the basis of an application Ext. PW-14/A made by PW-6 Komal Parihar, allegedly Health Worker in "Jagori" a NGO, PW-4 Asha, Para Legal Volunteer and one Raveena, amicus curaie to President, Child Welfare Committee Kangra at Dharamshala, H.P. A copy thereof was also forwarded to Ms. Shalini Agnihotri, Addl. Superintendent of Police, Kangra at Dharamshala. The Addl. Superintendent of Police forwarded the same to Women Police Station, Dharamshala for registration of the case against the accused. The allegations, in a nut shell, against the accused are that PW-6 Komal Parihar was apprized in the meeting of Mahila Mandal at Bhali on 25.6.2016 by some women of the village present there that the accused had been torturing mentally and physically his minor daughters after the death of his wife. The accused allegedly tried to develop physical relations with his elder daughter. In order to verify such allegations when she went on 8.7.2016 to the house of the accused, his elder daughter, the victim herein told that on that day also, she was beaten up by her father and during night time, he used to do wrong acts with her. She also came to know that cries of the minor girls could be heard every day from the house of the accused. PW-7 Rekha Devi, Aunt (Tai) of the minor girls allegedly disclosed to PW-6 Komal Parihar that the accused under the influence of liquor had been exploiting his minor daughters, mentally and physically.

(3.) On registration of the FIR Ext. PW-14/B, SI Kiran Bala, I.O., Women Cell, Dharamshala has conducted the investigation. On the application Ext. PW-1/A she moved, the medical examination of the victim(s) was conducted by PW-1 Dr. Manju. She issued the MLCs Ext. PW-1/B, PW-1/C and PW-1/D. The statement of the victim was recorded and photographed also vide CD Ext. PY. The statements of PW-4 Asha Ext. PW-14/C and PW-6 Komal Parihar under Sec. 161 Crimial P.C. were also recorded. The accused was arrested on that very day and got subjected to medical examination qua which application Ext. PW-10/A was made to the Medical Officer, Zonal Hospital, Dharamshala. The MLC is Ext. PW-10/B. The articles preserved by PW-1 Dr. Manju and PW-10 Dr. Kulbhushan Sharma, for scientific investigation were deposited with MHC Police Station Dharamshala. The site plan Ext. PW-14/D was also prepared in the presence of PW-4 Asha, LC Sonia and PW-7 Rekha Devi. In their presence, a local mattress (Khind) was also taken into possession vide seizure memo Ext. PW-4/A. The supplementary statement of PW-4 Asha Ext. PW-14/E was also recorded. Photograph Ext. PW-4/C-1 was also clicked by the I.O with her cell phone. On the demarcation given by the accused, memo Ext. PW-9/E was prepared. The photograph Ext. PW-4/C-2 was also clicked by the I.O. Site plan Ext. PW-14/E was prepared. On the same day i.e. 11.7.2016, PW-14 SI Kiran Bala has made an application with a prayer to record the statement of the victim under Sec. 164 Crimial P.C. and on the basis thereof, learned JMIC (I), Dharamshala has recorded her statement Ext. PW-5/A. The case property was forwarded to Forensic Science Laboratory for analysis. On the receipt of report of Chemical Examiner ( Ext. PX) and on completion of the investigation, report under Sec. 173 Crimial P.C. was filed against the accused.