SATISH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The instant appeal, stands, directed by the convict/accused/appellant herein, vis-a-vis, his becoming convicted by the learned trial court, for, the commission, of, an, offence constituted, under, Section 8, of, the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred as "POCSO Act"), and, also stands directed against the consequent therewith sentences hence becoming imposed upon him. However, though, the learned trial Court recorded an order of acquittal, vis-a-vis, the convict for the charged framed against him under Section 6 of the POCSO Act, and, also, vis-a-vis, a charge framed under Section 506 of the IPC, yet the State of Himachal Pradesh, has not reared any appeal against the acquittal, of, the convict, under, the afore charged offences, hence, the order of acquittal, vis-a-vis, the afore charged offences becomes final.

(2.) The facts relevant to decide the instant case are that the accused is the maternal grandfather of the victims . Relations between the parents of the victims are strained. The mother of the victims is residing with the accused due to difference with her husband. The father of the victims received a letter from his employer asking him to join the duties. He told the victims that they would have to reside in the home of the accused for some time, but they refused to go to the house of the accused. They told that the accused was sexually harassing them. They gave a note Ex.PW2/A in writing stating that the accused used to sleep with the boy victim. Once when he woke upon, the accused was removing his knicker and was doing bad act with him. The victim called his mother. The mother of the victim and the accused had quarrel regarding this incident. The situation became normal, but after some time the accused started visiting the house of the victims and again did the same thing. The girl victim was taken by the accused to his home where the accused did bad act with her as well. She was threatened that in case the incident is revealed to any person, the father of the victim would die and the victims would have to reside in the house of the accused. Hence the children requested their father not to leave them in the house of the accused. The matter was reported by the father of the victims to the police by means of a written application Ex.PW10/A. On the basis of which, FIR was registered against the accused in the police station, and, thereafter all the codel formalities were completed.

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