IMPORTANT POINT
The judgment underscores the importance of robust evidence in securing convictions for serious crimes against minors, particularly in cases involving sexual offences.

JUDGMENT :

(Ritu Bahri, J.) :

The present Reference has been sent by the F.T.C/Addl. District & Sessions Judge/Special Judge (POCSO), Dehradun in judgment and order dated 31.01.2019 passed in SST No. 57 of 2016, State v. Rajesh @ Jitender, whereby the respondent – Rajesh @ Jitender has been convicted for the offences punishable under Sections 364, 302 & 377 of the Indian Penal Code, 1860 and Section 5/6 of the Protection of Children from Sexual Offences Act, 2012.

2. A charge-sheet, under Sections 364, 302 & 377 IPC and Section 5/6 of the POCSO Act was presented in the Court against Rajesh @ Jitender. Investigation was carried out on a tehrir/ statement given by the complainant on 12.05.2016 at 03:00 P.M.

3. The case set up by the prosecution was that on 12.05.2016, around 03:00 P.M., the son of the complainant came crying on the roof of the house, where the complainant, along with his wife and other labourers, were working, and the contractor was also present. The son told that Rajesh @ Jitender caught the victim and took him away. The complainant, his wife and the contractor went to search the victim, and there they saw that Rajesh had laid down the victim on the ground and had strangulated him. On the spot, the child’s knicker was put off; there were blue marks and scratch marks on his neck. Thereafter, on information, other people also gathered and information was given to the Police. Rajesh @ Jitender was intoxicated and public had thrashed him. The son was taken to Doon Hospital.

4. After investigation was conducted by Sub-Inspector Vinod Singh Gusain, charge sheet was sent and charges were framed. The prosecution examined the following witnesses before the Trial Court :

P.W.-1 Contractor

P.W.-2 S.I. Sanjay Mishra

P.W.-3 Constable 532 Prateek

P.W.-4 S.I. Maan Singh

P.W.-5 Dr. Alok Jain

P.W.-6 Constable 1418 Yogendra Bhandari

P.W.-7 Complainant/ Victim's father

P.W.-8 Victim's mother

P.W.-9 Constable Subhash Rana

P.W.-10 Victim's brother

P.W.-11 Constable 1229 Arun Kumar

P.W.-12 S.I. Vinod Singh Gusain

5. In the documentary evidence, case property Gamcha Material Ex.Ka.-1, underwear or kacchi Material Ex.Ka.-2, Bundle Ex.Ka.-3, Inquest Report Ex.Ka.-1, Challan of dead body, sample of dead body, sample of seal and report of R.I. Ex.Ka.-2 to Ex.Ka.-5, C.M.S Report Ex.Ka.-6, Post-mortem Report Ex.Ka.-7, chik F.I.R. Ex.Ka.-8 , Original G.D. of case registration Ex.Ka.-9, the G.D of the admission of the accused Ex.Ka.-10, and the G.D. of the arrival of the information regarding the incident received the control room Ex.Ka.-11, receipt of goods carried to Forensic Science Laboratory as case property Ex.Ka.-12, receipt form of the case property Ex.Ka.-13, recovery memo of the underwear of the deceased child and the gamcha used by the accused Ex.Ka.-14, blood sample of the accused Ex.Ka.-15, Charge sheet Ex.Ka.-16, Site plan of the incident spot Ex.Ka.-17, Arrest and Information Memo of the accused Ex.Ka.-18, F.S.L. Report Ex.Ka.-19 and the sample of seal Ex.Ka.-20 were filed.

6. The statements of the accused, under Section 313 Cr.P.C., were recorded, in which the accused, while falsifying the prosecution plot, has stated that he has been falsely implicated. In his defence, the accused examined the following witnesses:

D.W.-1 Sher Singh

D.W.-2 Himself

D.W.-3 Dr. Manoj Kumar

D.W.-4 Gajram Singh

D.W.-5 Lallu Singh

7. The prosecution witnesses, who were present when the information was given to the mother of the victim, are P.W.-1 Contractor, P.W.8- Victim’s mother, P.W.-7 Complainant/ Victim’s father and P.W.-10 Victim’s brother, who had given the information to his parents.

8. P.W.-1 Contractor has consistently stated that on 12.05.2016, work was going on in one Saklani’s house on Nawada Road. The contractor had fired Rajesh @ Jitender, who used to work on the same site, because he used to drink a lot of alcohol. The elder brother of the victim came crying and said Jitender @ Rajesh had taken away his younger brother at aroun