Decided on November 04,2020

VISHNU Appellant
STATE OF H. P. Respondents


Sureshwar Thakur, J. - (1.)The convict, becomes aggrieved from, the, verdict of conviction, made on 01.11.2017, upon, Sessions Trial No. 3- D/VII/2015, by the learned Special Judge, Kangra at Dharamshala, wherethrough, he became convicted, for, a charge drawn under Sections 5(L) and 18, and, punishable under Sections 4, 6 and 8, of, the Protection of Children from Sexual Offences Act, 2012 (hereinafter for the sake of brevity, referred to as "POCSO Act"), hence is constrained to institute, thereagainst(s), the extant appeal before this Court.
(2.)He also obviously, becomes aggrieved, from the consequent thereto, sentence of, imprisonment, extending for a term of ten years, and, also, a fine of Rs. 25,000/-, hence imposed upon him, for, a charge drawn under Section 5(1), and, as, punishable under Section 6 of POCSO Act. In default of payment of fine, the, convict became sentenced, to, undergo rigorous imprisonment, for, six months. However, though, the, impugned verdict, by, the, learned trial Court, it, also recorded, an, order, of, conviction upon co-accused Parmodh Kumar, for a charge drawn under Section 354-A IPC, yet thereagainst, no appeal has been preferred, by, the afore accused, before this Court.
(3.)The genesis, of the prosecution case, becomes embodied, in, a letter, borne in Ex. PW-2/A, as became addressed by the victim/prosecutrix (name withheld), to, the Station House Officer, Dharamshala, (a) wherein, she makes a narrative, qua her mother, expiring in December, 2004, and thereafter her father, one Parmodh Kumar, establishing physical contact with her. Moreover, she also makes an echoing, that thereafter, one Vishnu Ram (appellant herein), her uncle, since her's attaining 10 years, of, age, and, upto 8th August, 2014, his establishing physical contact(s) with her. Furthermore, she makes a communication therein, that her afore uncle, seeking a promise from her, qua, even after her solemnizing marriage, her's continuing to maintain physical relation(s) with him, promise whereof she omitted to make. The last incident, of, perpetration of sexual intercourse, as, echoed, in the afore letter is, on 08.08.2014. In pursuance of Ex. PW-2/A, a formal FIR, came to be registered at Police Station, Dharamshala, FIR whereof, is, borne in Ex. PW-11/A.

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