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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
TARLOK SINGH CHAUHAN, J, SATYEN VAIDYA,J
Rajesh Kumar @ Tomu – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Satyen Vaidya, J.
By way of instant appeal, appellant has assailed the judgment dated 31.08.2019 and sentence order dated 03.09.2019, passed by learned Special Judge, Kangra at Dharamshala, H.P., in Sessions Trial No. 58 of 2017, whereby, the appellant has been convicted for commission of offence under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short “The POCSO Act”) and Section 323 of the INDIAN PENAL CODE . The appellant has been sentenced to undergo rigorous imprisonment for twenty years and to pay a fine of Rs. 50,000/- for offence under Section 6 of the POCSO Act. In default of payment of fine, appellant has further been ordered to undergo simple imprisonment for a period of six months. In addition, the appellant has been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/- for offence under Section 323 of the INDIAN PENAL CODE . In default of payment of fine, he has further been ordered to undergo simple imprisonment for one month. The substantive sentences have been ordered to run concurrently. Out of fine amount a sum of Rs. 40,000/- has been ordered to be paid to the victim as compensation.
The court affirmed conviction under the POCSO Act for aggravated penetrative sexual assault based on corroborative medical evidence despite minor inconsistencies in the victim's testimony.
Point of Law : Appellant cannot take benefit from this admission of PW-7 for the simple reason that the injuries suffered by the victim on her breast could be caused by more than one reason and it wa....
Point of Law : On the analysis of the entire evidence on record, specifically the evidence as discussed above, the offence under section 6 of POCSO Act, 2012 has been proved against appellant beyond ....
Punishment for aggravated sexual assault is prescribed in section 10 of POCSO, 2012.
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