Mohammad Aajam Khan vs State of Uttarakhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(UK) 511

MANOJ KUMAR TIWARI, PANKAJ PUROHIT
Mohammad Aajam Khan – Appellant
Versus
State of Uttarakhand – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Muhammad Matlub.
For the Respondents: J.S. Virk, Rakesh Kumar Joshi.

JUDGMENT :

PANKAJ PUROHIT, J.

1. This appeal preferred by the appellant under Section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) is directed against judgment and order dated 22/23.05.2015, passed by learned Special Judge (POCSO)/FTC/Additional Sessions Judge, Haldwani in Sessions Trial No. 99 of 2014, State vs. Mohammad Aajam Khan, whereby the said court at the hands of trial has held the appellant guilty for the offence punishable under Section 376 (2) of IPC and also under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as “Act of 2012”) but with the aid of Section 42 of the Act of 2012 has sentenced him only under Section 376 (2) IPC to undergo 12 years rigorous imprisonment with a fine of Rs. 10,000/- and in default of making payment of fine the appellant was further directed to undergo two months additional simple imprisonment.

2. Facts of the case in order to resolve the controversy are that a first information report of the occurrence was given by the mother of the victim at Police Station Mallital on 06.07.2014 at 02:30 P.M. with the averments that her daughter aged about six years is a