RAJINDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant herein is a convict. Learned Special Judge, Bilaspur has convicted him under Section 376(2) of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "POCSO Act" in short) vide impugned judgment dated 15.3.2017 passed in Sessions Trial No. 22/7 of 2015 and sentenced as under:

(2.) The Himachal Pradesh Voluntary Health Association (Child Line) Shimla, allegedly supported by the Ministry of Women and Child Development, Govt. of India, New Delhi and Child Line India Foundation, Mumbai, has put the machinery into motion in the case in hand. PW-26 Minakshi Kanwar, Coordinator, Child Line Shimla has made an application Ext. PW-26/A on 7.6.2014 to the Station House Officer, PS Ghumarwin, District Bilaspur to the effect that as per call received over telephone at Child Line No. 1098 on 5.6.2014, a girl aged 14 years is pregnant and not going to school. She requested the police to look into the matter and intervene. On the basis of the application Ext. PW-26/A, rapat (Ext. PW-21/A) No. 41(A) dated 7.6.2014 was entered in the Police Station Ghumarwin. Another rapat (Ext. PW-21/B) No. 47(A) was entered in the Police Station on the same day, which reveals that ASI Duni Chand accompanied by LHC Anita and HC Raj Kumar went to the house of the prosecutrix where her mother and grandmother met them. They disclosed that the prosecutrix was not in the house having gone to the house of someone in her relations. They ensured to produce her in the Police Station on the next day. On this, police party returned to Police Station as the prosecutrix was not found in the house during the search they conducted there. The information was given to Station House Officer and also SDPO Ghumarwin, accordingly.

(3.) On the next day, i.e. 8.6.2014, PW-2 Meeran Devi, mother of the prosecutrix accompanied by prosecutrix went to Police Station Ghumarwin. At her instance, FIR Ext. PW-14/A came to be recorded. She reported to the police that her husband had already expired about 10-12 years ago. She had three issues born to her from the lions of her deceased husband. After the birth of the elder son, the prosecutrix and another son (twins) have born to her. At the time of incident, the prosecutrix was studying in 10th class. About 15 days ago, she felt pain in her stomach. Her mother-in-law Bimla Devi had taken the prosecutrix to Government Hospital at Ghumarwin. When the ultra sound was got conducted privately, it transpired that she was pregnant. On enquiry about the same from the prosecutrix, she revealed that about 5-6 months ago, on her way to school, a boy had forcibly subjected her to sexual intercourse. That boy was not known to her. She allegedly did not disclose anything about it in the home to anyone being afraid of their wrath. It was also reported by PW-2 Meeran Devi that since she was ill, therefore, she could not visit the police station immediately.