NIKKA RAM Vs. STATE OF H P

JUDGEMENT

(1.) Convict Nikka Ram (hereinafter referred to as the 'accused') has preferred this appeal against the judgment dated 16/29.12.2016 passed by learned Special Judge, Shimla in Sessions Trial No. 30-S/7 of 2015, whereby he has been convicted for the commission of offence punishable under Sec. 376 of the Indian Penal Code and Sec. 6 of The Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act' in short) and while holding that the punishment under Sec. 6 of the POCSO Act is greater in degree as compared to the punishment under Sec. 376 IPC, has convicted him to undergo rigorous imprisonment for a period of 12 years under Sec. 6 of the POCSO Act and also to pay Rs.1,00,000.00 and simple imprisonment for a period of three months for the commission of offence punishable under Sec. 506 IPC.

(2.) The accused has been tried, convicted and sentenced for the commission of offence stated hereinabove with the allegations that he belongs to village Sawala and the child victim (name withheld) allegedly aged about 12 years ravished by him 13-14 days prior to 3.8.2015 at Siyalta Nallah is also the resident of same village. Prior to that also, she was subjected by him to sexual intercourse on 3-4 occasions. It is on 3.8.2015, in the evening she disclosed about her ravishment sexually by the accused to her mother PW-2. She disclosed that accused had been taking her to Siyalta Nallah and ravished her sexually there on 3-4 occasions by removing her clothes. He allegedly had been paying Rs.10.00 and giving some toffees to her on such occasions. He had been alluring her at the pretext of giving more money. When she told him that she will disclose her ravishment by him to her parents, he threatened to expose her in eyes of the school teachers and students. According to PW-2 and also PW-1, the parents of the victim, apprehending that their daughter, the victim may not be telling lie and to rule-out the false implication of the accused, asked from her repeatedly about the correctness of the disclosure she made against him, but she remained firm on the facts she disclosed. Therefore, PW-1 and PW-2 went to police station, Nerwa, Tehsil Chopal, District Shimla. The victim also went there with them. The father of the victim PW-1 has made an application Ext.PW-1/A to the Station House Officer, Police Station, Nerwa stating whatever the victim disclosed therein. On the basis of application Ext.PW-1/A, FIR Ext.PW-14/A was registered.

(3.) The investigation was conducted by SI/SHO Narinder Singh PW-14. An application Ext.PW-6/A was made to the Medical Officer, Civil Hospital, Nerwa for getting the medico legal examination of the victim conducted, however, no female doctor was available at Nerwa on that day, therefore, the child victim was referred to D.D.U. Zonal Hospital, Shimla for her medical examination. She was examined by PW-8 Dr. Shalini Bhardwaj, who issued MLC Ext.PW-8/A. The I.O. visited the spot on 4.8.2015 itself and prepared the spot map Ext.PW14/C. The spot was videographed and photographed vide CDs mark X-1 to X-3. The statement of child victim Ext.PW-14/B was recorded as per her version. An application Ext.PW-14/E was made to JMIC, Chopal, District Shimla with a prayer to record the statement of child victim under Sec. 164 Crimial P.C. An application Ext.pW-5/A was submitted to the Headmaster, Government Middle School, Sawala for supplying the date of birth certificate of the child victim. Certificate Ext.PW-5/B was prepared and signed by the Headmaster of the school. The copy of admission and withdrawal register Ext.PW-5/C was also obtained from the school. All these documents were taken in possession by the police vide recovery memo Ext.PW5/D. The I.O. had also made an application Ext.PW-7/A to the Secretary, Gram Panchayat, Pujarali Block Chopal, District Shimla for supply of certificate of date of birth of the child victim from the birth register. PW-7 Smt. Shyama Devi, Secretary, Gram Panchayat, Pujarli had prepared the birth certificate Ext.PW-7/B. She had also handed over the extract of birth register Ext.PW-7/C. The copy of parivar register Ext.PW-7/D was also prepared and supplied by PW7 to the police. All these documents were taken in possession vide recovery memo Ext.PW-7/E.