PADAM SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The instant appeal is directed against the judgment rendered on 04.07.2015 by the learned Special Judge, Mandi, District Mandi, H.P. in Sessions trial No.40 of 2013, whereby, the learned trial Court convicted and sentenced the appellant/accused to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.10,000/- and in default of payment of fine amount to undergo simple imprisonment for a period of six months for his having committed offences punishable under Section 5(m) of the Prevention of Children from Sexual Offences Act read with Section 376 of the IPC.

(2.) Brief facts of the case which are necessary to determine the appeal are that the prosecutrix/victim daughter of PW-2 was minor aged 8 years in the month of June, 2013. The victim was drinking water in the house of one Yog Raj and the accused called her to his house. The accused laid the victim on his bed and opened her salwar. The accused inserted his spit covered finger into her private part. He also opened the zipper of his pants. In the meantime, PW-3 Purnu Devi came on the spot and rescued the victim. The victim narrated the entire incident to PW-3 Purnu Devi. PW-3 narrated the entire incident further to the mother of the victim. Thereafter, complainant, Ex.PW3/A was lodged with the police and FIR Ex.PW12/A was registered. During investigation the police took into possession the bed sheet, Ex.P-2 vide memo Ex.PW3/B. The accused was arrested and he identified the spot vide memo Ex.PW1/A. The victim was produced before the doctor and was got medically examined and her MLC Ex.PW11/B was obtained. The victim was also produced before the Magistrate and her statement Ex.PW13/F was got recorded. The accused in police custody made disclosure statement Ex.PW8/A and led the police party to the spot and identified the spot vide memo Ex.PW8/B. The accused was produced before the doctor and his MLC Ex.PA was obtained. As per the opinion of the doctor, he was fit to perform sexual intercourse. The Investigating Officer during investigation prepared spot map Ex.PW13/A as also took into possession abstract of date of birth register, Ex.PW6/B and copy of pariwar register Ex.PW7/B.

(3.) On conclusion of the investigation into the offence allegedly committed by the accused, report under Section 173 of the Code of Criminal Procedure was prepared and filed in the Court.