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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Mohd. Aslam, J.
Satta @ Satya Prakash – Appellant
Versus
State of U.P. – Respondent
Criminal Appeal No. 2198 of 2018
Decided On : 03-03-2022
POCSO Act - Section 5/6, 29 and 377 - Criminal Procedure Code, 1973 - Section 374 – Appeal against Conviction – Sexual Offence - Extra judicial confession –Act of sodomy on child by neighbour - It is proved beyond reasonable doubt that the accused-appellant Satta @ Satya Prakash had committed grave offence punishable under Section 377 IPC and Section 5/6 POCSO Act and the learned lower court had rightly convicted and sentenced the accused-appellant as mentioned above. Para 40.
Finding of the Court:
Accused was committing the act of sodomy with the victim and mother of the accused-appellant did not came out of her room. He had clearly stated that he did not had any enmity with the accused-appellant and had stated that the accused had fallen on the ground from the side of his buttock and, as a consequence thereof, he had sustained injuries. He further clarified that signatures on the affidavit (Ex.Kha/2) denying the incident were obtained fraudulently- it transpires that there is no contradiction in the deposition of Rakesh Kumar (PW-1) and on reading the whole statement it is clear that signature on the affidavit was obtained by fraud. They being illiterate people could hardly read the contents of affidavit.
Result: Appeal is dismissed.
JUDGMENT :
1. Heard Shri S.P.S. Chauhan learned counsel for the appellant and Shri Rajkamal, learned Government Advocate for the State of U.P. and perused the record.
2. The instant criminal appeal is preferred under Section 374 (2) Cr.P.C. by the accused-appellant against the judgment of conviction and order of sentence dated 30.03.2018 passed by the learned Additional Sessions Judge, Court No.8, Aligarh in Criminal Case No.67 of 2014 (State v. Satta @ Satya Prakash) (arising out of Case Crime No.76/2014) under Section 377 I.P.C. and Section 5/6 Protection of Children from Sexual Offences Act-2012 (hereinafter referred to as 'the POCSO Act') Police Station-Lodha, District-Aligarh. The accused-appellant Satta @ Satya Prakash was convicted and sentenced to undergo rigorous imprisonment for a term of 10 years and fine of Rs.10,000/-, in default of payment of fine to undergo one year of additional imprisonment for offence punishable under Section 5/6 POCSO Act.
3. The prosecution case, in brief, is that Rakesh Kumar (PW-1) S/o of Ramji Lal resident of village Lahausara, Police Station-Lodha, District Aligarh lodged the First Information Report on 21.03.2014 at 06:30 PM on the basis of the written complaint (Ex. Ka –1) alleging therein that on 21.03.2014, the informant and his wife (Satyavati) (PW2) had gone to the market at 12 o' clock in the day to purchase some household articles. They had left their son aged about three years at home. When they returned from the market at about 5 PM, their son was not present in the house. When they made search for their son, they found the victim in the house of their neighbour-Satta @ Satya Prakash, resident of Lahausana, Police Station-Lodha, District-Aligarh. The victim was found naked and the accused-appellant Satta @ Satya Prakash was committing the act of sodomy on him. When they raised alarmed, uncle of the informant-Sunil and his wife had forcefully taken the victim in their custody and they took the accused-appellant to the police station to lodge the First Information Report. Constable Manish Kumar (PW-5) prepared chik report (Exhibit Ka–6) on the basis of written complaint of the informant on 21.03.2014 at 6:30 PM and had registered the case as Case Crime No.76 of 2014 under Section 377 IPC and Section 5/6 POSCO Act by making necessary entry in the G.D and the accused-appellant was taken in the custody. The majroobi chitthi of the victim was prepared by the Constable Manish Kumar and the victim and the accused-appellant Satta @ Satya Prakash were sent to the Primary Health Centre from where they were referred to the District Malkhan Singh Hospital-Aligarh on the same day. Dr. M.K. Mathur conducted the medical examination of victim on 21.3.2014 at 8:20 PM. At the time of medical examination, the age of the victim was found to be of three years.
4. Following injuries were found on the body of the victim at the time of medical examination:-
Lucal examination of Anal part.
–Abraded mucosa of Anal Sphincter.
–Abrasion present Anterior of part of Anal orifice.
-Discharge mucus present in Anal Canal & two slides of discharge preserved for Histopathogical examination.
Opinion–Sign of some hard long thing invasion in Anal canal present & Two slides of Discharge from anal part preserved for histopathological examination.
Duration : fresh."
5. Dr. M.K. Mathur (PW-4) prepared injury report (Ex. Ka –5) in his handwriting and under his signature at the time of medical examination. In the pathological examination, no spermatozoa was detected in the smear by the Senior Consultant Pathologist, Malkhan Singh District Hospital-Dr. Saeed Mohammad. On the basis of pathological report of the victim, a supplementary report (Ex. Ka-4) was prepared by Dr. M.K. Mathur. He opined that no confirmed opinion can be given about active sexual assault due to spermatozoa not seen in the anal smear.
6. Accused-appellant Satta @ Satya Prakash was also sent for medical exam
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