MOHAMMAD CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction dated 04.12.2015 and order of sentence dated 07.12.2015 vide which the appellant has been held guilty under Sections 363, 366-A, 376(2) of Indian Penal Code (for short, IPC) and under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for brevity, POCSO Act). He was sentenced for a period of 5 years and 10 years rigorous imprisonment respectively under Sections 366-A and 376(2) IPC. Fine of Rs.2000/- and Rs.20,000/- was also imposed under the aforesaid heads. In default whereof further imprisonment for 3 months and 2 years respectively was awarded. Both the sentences were ordered to run concurrently. The matter was also recommended to the District Legal Services Authority, Sonipat for awarding the compensation under Section 357 Cr.P.C. to both the victims.

(2.) The prosecution case finds its origin in complaint Ex.PW1/A dated 27.10.2014 made by father of prosecutrix No.1 who informed the police that his daughter aged about 16 years and another girl aged about 14/15 years (prosecutrix No.2) niece of his colleague were missing since 25.10.2014. The complainant suspected that Chand and Afzal, both brothers resident of Bihar and working as labourer had enticed the girls.

(3.) On the basis of their complaint, FIR No. 451 dated 27.10.2014 (Ex.PW4/A) was registered under Sections 363, 366-A IPC and investigation was carried out.