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2018 Supreme(HP) 119

TARLOK SINGH CHAUHAN, CHANDER BHUSAN BAROWALIA
Kishan Chand – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Appellant : Mr. Rajnish K. Lal.
For the Respondents: Mr. Vinod Thakur, Mr. Sudhir Bhatnagar, Mr. Bhupinder Thakur.

JUDGMENT :

Chander Bhusan Barowalia, J.

1. The present appeal is maintained by the appellant/accused/convict (hereinafter referred to as “the accused”) laying challenge to judgment dated 04.08.2015, passed by learned Special Judge, Mandi, District Mandi, H.P. in Sessions Trial No. 39 of 2013, whereby the accused was convicted for the commission of offence punishable under Section 5(m) of The Protection of Children from Sexual Offences (POCSO) Act, 2012, read with Section 376(2)(i) of Indian Penal Code, 1860 (IPC).

2. The background facts which gave rise to the prosecution of the accused can tersely be portrayed as under:

The complainant, mother of the prosecutrix (name withheld), has three daughters and a son and the prosecutrix was studying in 5th standard. On 20.07.2013, the complainant went alongwith her husband to village Larda and they returned during midnight. At that time grandmother of the prosecutrix was sleeping in a room and the children were watching TV in another room. On the subsequent morning the complainant went to Gram Panchayat for attending a meeting and returned around 04:30 p.m. It was told to the complainant by her elder daughter that prosecutrix is having Rs. 82/


































































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