Jora Singh, J. - (1.) MANOJ son of Baldev, preferred this appeal to challenge the judgment of conviction dated 4.1.2008 and order of sentence dated 8.1.2008 passed by Additional Sessions Judge, Fast Track Court, Sirsa, arising out of the FIR No. 103 dated 20.2.2006, registered under Sections 367, 377 and 511 of the Indian Penal Code at Police Station, City Sirsa.
(2.) BY this judgment he was convicted under Sections 367 and 377 readwith Section 511 IPC and was directed to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 1,000/ -and in default of payment of fine to further undergo rigorous imprisonment for two months for the offence punishable under Section 367 IPC. Under Section 377 readwith Section 511 IPC, he was directed to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. 500/ -and in default of payment of fine to further undergo rigorous imprisonment for one month. Both the sentences were ordered to run concurrently.
(3.) PROSECUTION story, in brief, is that police party headed by Mahinder Kumar, Sub Inspector while on patrol duty was present near GTM Chowk, Khairpur where Bhagwan Dass had met him and his statement was recorded to the effect that: That on 19.2.2006 his grand son Aarish @ Mannu son of Prem Kumar had gone to play outside of his house at about 7:30 pm and till 10 PM he did not come back. On this, he alongwith other members of his family started searching for him. At about 1 am, on 20.2.2006 his grand son spotted coming from the premises of Govt. Primary School, Khairpur. He disclosed to him as well as to the members of his family that accused Manoj son of Baldev resident of Khairpur who used to reside in the nearby house of their house, took him to the school. There accused Manoj Kumar put his penis into his mouth. After some time he asked Aarish to take off his pant and then forcibly tried to commit unnatural offence with him against the order of nature. On this Aarish raised alarm and on hearing the same they reached there and accused managed to run away from the spot. His grand son was frightened and he narrated the entire occurrence to them.;