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2018 Supreme(HP) 2185

SURESHWAR THAKUR
Chander Pal – Appellant
Versus
State of H. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Umesh Kanwar, Advocate.
For the Respondent: Mr. Hemant Vaid and Mr. Desh Raj Thakur, Additional Adv. Generals with Mr. Y.S. Thakur and Mr. Vikrant Chandel, Dy. A. Gs.

JUDGMENT :

Sureshwar Thakur, J.

The instant appeal, is, directed by the convict/accused/appellant, against, the pronouncement made by the learned Special Judge, Kullu, District Kullu, H.P., upon, Sessions Trial No.136 of 2013, whereunder, he convicted, besides imposed consequent sentence, upon, the convict/accused/appellant, for his committing offences punishable under Sections 452, 363, 376/511 and 506 of the IPC, and, under Section 8 of the Protection of Children from Sexual Offences Act (hereinafter referred to as the “POCSO Act”).

2. The facts relevant to decide the instant case are that the prosecutrix was residing with her maternal grandmother (PW-4) in village Jindour, and, was studying in 5th class. On 26.6.2013, PW-4 and husband of PW-3 had gone to their field for night watch. Prosecutrix and her aunt (PW-3) were at home. At about 2.00 A.M in the night, when prosecutrix and her aunt were sleeping in a room, accused entered their room and lifted the prosecutrix by gagging her mouth and took her to his house situated at village Nangcha. PW-3, who had recently delivered a child and was having weak physic, tried to save the prosecutrix from the clutches of the accused, but she co

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