LOKESH Vs. STATE OF HARYANA
LAWS(P&H)-2019-8-111
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 27,2019

LOKESH Appellant
VERSUS
STATE OF HARYANA Respondents




JUDGEMENT

Rajiv Sharma, J. - (1.)Since common questions of law and facts are involved in the aforesaid appeals, therefore, these are taken up together and disposed of by a common judgment.
(2.)These appeals are instituted against the judgment and order dated 14.01.2014 and 16.01.2014 rendered by the Additional Sessions Judge, Faridabad, in Sessions Case RBT no.185 of 2013 whereby the appellants were charged with and tried for offences under Sections 376-D, 323, 342 and 506 of the Indian Penal Code (in short 'IPC') and under Section 4 of Protection of Children from Sexual Offences (POCSO) Act, 2012. They were convicted thereunder and sentenced as under:-
JUDGEMENT_111_LAWS(P&H)8_2019_1.html

The punishment was not awarded under Section 4 of POCSO Act, 2012 as punishment awarded under Section 376-D IPC is greater in degree to Section 4 of POCSO Act.

(3.)The case of the prosecution in a nutshell is that on 17.06.2013 SI Mahender Kumar along with HC Pawan Kumar was present at Pyali Chowk for patrolling and crime detection duty. He received an intimation from B.K. Hospital, Faridabad, that one girl (name withheld) was admitted in the hospital in an injured condition. They reached B.K. Hospital. Complainant Raj Kumar (PW-12) got recorded his statement Ex.PM to the effect that he was resident of House no.323, Nangla Enclave, Part I, near Bhadana Chowk, NIT Faridabad. He had seven daughters and two sons. His daughter (prosecutrix) was number four in the siblings. She was student of 7 th standard. On 16.06.2013 his whole family was sleeping on the roof of the house. At about 10.00 P.M., his elder daughter Manisha asked the prosecutrix to put the bench inside which was lying in the street. The prosecutrix went down. When the prosecutrix did not come back for a long time on the roof, they went down to find her. They searched for her. When he was passing by his neighbourhood to search his daughter, he heard the sound of thud of falling of some heavy object from inside. He looked through the hole of the wall. He found his daughter lying with her face down on the floor near the folding bed. Her hands, feet and mouth were tied with a chunni. He with the help of nephew Harinder and neighbour Babu Lal broke door. They untied the hands, feet and mouth of his daughter. She narrated the incident and the manner in which Deepak son of Suraj Pal and Lokesh son of Sukh Ram caught hold of her forcibly when she had gone down to put the bench inside. Before she could raise an alarm, they gagged her and dragged her into a room of the house of Deepak. They put her on the bed with her mouth, hands and feet tied. Deepak and Lokesh raped her against her wishes forcibly, turn by turn many times on the same night. They also administered beating to her. FIR Ex.PD was registered. The prosecutrix was got medico legally examined. Site plan was prepared. Statement of the prosecutrix under Section 164 Cr.P.C. was also recorded. Investigation was completed. Challan was put up after completing all the codal formalities.


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