LAWS(HPH)-2019-10-42

ARUN KUMAR Vs. STATE OF HIMACHAL PRADESH

Decided On October 16, 2019
ARUN KUMAR Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) Instant appeal has been preferred by the appellant/accused against the judgment dated 29.03.2018, passed by learned Special Judge (District and Sessions Judge), Hamirpur, H.P., whereby accused has been held guilty and convicted for the offences punishable under Sections 341, 363, 328, 376(2)(i), 323 & 506 IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act'). For the offence punishable under Section 6 of POCSO Act, accused has been sentenced to undergo rigorous imprisonment for ten years with fine of Rs.10,000/- and in default of payment of fine, accused has to further undergo simple imprisonment for one year. Having been sentenced under Section 6 of POCSO Act, appellant was not imposed any sentence for the offences punishable under Sections 328 and 376(2)(i) IPC. Sentences of less than 10 years, in respect of other offences, were to run concurrently.

(2.) (I). Appellant-accused was charged with offences:-

(3.) All the offences are alleged to have been committed on three specific dates, i.e. 26.02.2014, 28.10.2015 and 11.03.2016. Therefore, we propose to discuss hereinafter the alleged events of the case, date-wise.