SATTA Vs. STATE OF U.P.
LAWS(ALL)-2022-3-171
HIGH COURT OF ALLAHABAD
Decided on March 03,2022

Satta Appellant
VERSUS
STATE OF U.P. Respondents




JUDGEMENT

MOHD.ASLAM,J. - (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 Sec. 374 (2) Cr.P.C. by the accused-appellant against the judgement of conviction and order of sentence dtd. 30/3/2018 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 Sec. 377 I.P.C. and Sec. 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.10,000.00, in default of payment of fine to undergo one year of additional imprisonment for offence punishable under Sec. 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 21/3/2014 at 06:30 PM on the basis of the written complaint (Ex. Ka '1) alleging therein that on 21/3/2014, the informant and his wife (Satyavati) (PW- 2) 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 21/3/2014 at 6:30 PM and had registered the case as Case Crime No.76 of 2014 under Sec. 377 IPC and Sec. 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.


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