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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RITU BAHRI, ARCHANA PURI, JJ.
Satish Kumar – Appellant
Versus
State of Punjab – Respondent
Crl. Appeal No. D-1873-DB of 2014
Decided On : 19-03-2021
POCSO Act - Conviction under Section 6 of POCSO Act, 2012 and Section 363 IPC - [Section 6 of POCSO Act, 2012, Section 363 IPC] - The court upheld the conviction of the appellant under Section 6 of the POCSO Act and Section 363 IPC, sentencing him to rigorous imprisonment and imposing fines. The judgment discusses the evidence, including medical and ocular evidence, and concludes that the appellant kidnapped and sexually assaulted a minor child, leading to his conviction.
Fact of the Case:
The appellant was convicted under Section 6 of the POCSO Act and Section 363 IPC for kidnapping and sexually assaulting a minor child. The prosecution's case was based on the victim's testimony, medical evidence, and witness statements.
Finding of the Court:
The court found the appellant guilty based on the victim's testimony, corroborating witness statements, and medical evidence. The court reduced the appellant's sentence considering his age and family circumstances.
Issues: The key issue was whether the appellant kidnapped and sexually assaulted the minor child, as alleged by the prosecution.
Ratio Decidendi: The court relied on the victim's testimony, witness statements, and medical evidence to establish the appellant's guilt under the relevant sections of the POCSO Act and IPC.
Final Decision: The court dismissed the appeal and upheld the appellant's conviction, with a partial reduction in the sentence.
JUDGMENT :
ARCHANA PURI, J.
1. Challenge in the present appeal, is to the judgment of conviction dated 25.07.2014 and order of sentence of even date passed by learned Judge, Special Court, Sangrur, vide which appellant Satish Kumar was held guilty and convicted under Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 363 IPC. For the commission of offence under Section 6 of the POCSO Act, the appellant was sentenced to undergo rigorous imprisonment for a period of fourteen years and fine of Rs. 25,000/- was also imposed, in default whereof, he was to further undergo rigorous imprisonment for a period of one year. Likewise, for commission of offence under Section 363 IPC, the appellant was sentenced to undergo rigorous imprisonment for a period of five years and fine of Rs. 5,000/- was imposed, in default whereof, he was further to undergo rigorous imprisonment for a period of three months.
2. Background facts in nutshell are as follows:-
That, as per prosecution version, the complainant had two sons. The elder son is 12½ years and the victim child (name withheld) is about 11 years. On 13.10.2013, the complainant along with his sons and wife had gone to Cheema Mandi to attend marriage at New Park Plaza, situated near village Beerkalan. In the marriage, during late hours, his sons were playing. A young man, aged about 21-22 years, reached near them. At about 12.15 a.m., the complainant noticed that the said young man took his younger son (victim) along with him, while giving some allurement. When, after 5-7 minutes, the complainant did not notice his younger son, he along with his brother-in-law Ajay Garg, had gone outside towards adjoining agricultural land, where he saw that his son (victim), was lying there in blood and he realized that his son was subjected to sodomy by said young man and later on, he came to know about said person to be Satish Kumar s/o Ramesh Kumar R/o village Chohata Bazar, Ward No. 1, Sunam. On the basis of statement got recorded by Umesh Kumar on 14.10.2013, FIR was registered.
3. During the course of investigation, statements of various witnesses were recorded. Even, medico-legal examination of the victim child was conducted. The samples taken by the attending doctor, were handed over to the police. Even clothes were converted into parcel and taken into possession. The victim was handed over to his father. Accused Satish Kumar was arrested on 15.10.2013 and he was subjected to medical examination at Civil Hospital, Sunam and one sealed parcel containing clothes of accused was handed over to the police, which was taken into police possession vide separate memo. Clothes of the accused and parcels, handed over by the doctor, were sent to Chemical Examiner. However, report was not received till filing of final report. On completion of investigation, challan was presented against Satish Kumar.
4. On presentation of challan, compliance of Section 207 Cr.P.C. was made. The case was committed to the Court of Sessions. In pursuance of the commitment proceedings, on the basis of material coming forth, charges under Section 363 IPC and Section 6 of the POCSO Act were framed against Satish Kumar, to which he pleaded not guilty and claimed trial.
5. In endeavour to establish its case, the prosecution examined as many as 11 witnesses, namely PW-1 Dr. Vijay Kumar, PW-2 Dr. Gurwinder Singh, PW-3 Umesh Kumar, complainant, PW-4 Head Constable Harbans Singh, PW-5 Kewal Krishan, PW-6 Sarabjit, PW-7 victim, PW-8 Head Constable Dharminder Singh, PW-9 Constable Gurwinder Singh, PW-10 Labh Singh, Patwari and PW-11 ASI Lal Singh. Besides the same, birth certificate of the victim child has been brought on record as Ex.PX, report of Chemical Examiner as Ex.PX (now be read as Ex.PX/A) and Ex.PY. Thereafter, evidence of the prosecution was closed.
6. On closure of the prosecution evidence, all the incriminating circumstances, appearing in the prosecution evidence were put to accused-appellant in his stateme
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