ROBIN BISWAS Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This jail appeal is directed against the judgment and order dated 31.07.2018, passed by the F.T.C/Special Judge (POCSO Act)/ADJ, Dehradun in Sessions Trial No. 16 of 2016, State vs. Robin Biswas whereby the learned trial court has convicted the appellant under section 363 IPC and sentenced him three years rigorous imprisonment with fine of Rs. 4,000/-, in default of which, appellant to undergo further six months' rigorous imprisonment . He has been convicted under section 366A IPC and sentenced to 5 years rigorous imprisonment with fine of Rs. 6,000/- in default of which he has to undergo further six months' rigorous imprisonment. He has also been convicted under section 4 of the POCSO Act and sentenced to eight years rigorous imprisonment with fine of Rs. 10,000/- in default of which he has to undergo further one year's rigorous imprisonment.

(2.) Brief facts of the case are that the PW1- informant submitted a report (Ex. A1) with Police Station Raipur, Dehradun. On the basis of said report, chick FIR (Ex. A8) was lodged on 22.11.2015 at P.S. Raipur, District Dehradun against the accused/appellant. The statement of the prosecutrix (Ex.A2) under section 164 Cr.P.C. was recorded. She was medically examined by the Government Doctor. The medical report (Ex. A4) is on record. The accused was arrested, and accordingly, recovery memo (Ex. A5) was prepared, After the investigation, charge sheet (Ex. A9) was submitted . The court concerned took cognizance on 18.02.2016 and after compliance of provision of section 207 Cr.P.C. the charges under sections 363, 366A and 376 IPC and under section 3/4 of the POCSO Act were framed. The appellant denied the allegation and claimed to be tried.

(3.)