Chandraprakash @ Chandu @ Anna vs State Of Rajasthan

Instant criminal appeal has been filed by the appellant under Section 374(2) Cr.P.C. against the judgment dated 09.05.2018 passed by learned Special Judge, POCSO Act Cases, Bhilwara in Sessions Case No. 130/2017 (181/2016) by which the learned Judge convicted the appellant for offence under Section 354(B) R/w Section 7/8 POCSO Act and sentenced him to undergo three years' R.I. alongwith fine of Rs.1,000/- and in default of payment of fine to undergo one month's S.I.

Brief facts of the case are that on 19.07.2015 complainant along with her daughter submitted a written report before the Police Station Bhimganj alleging therein that she along with her husband and three children is living in the house of one Raju Teli on rent. Near the house of Raju Teli, his bus conductor Chandraprakash Kansara is also living. Whenever the complainant went outside the house, the accused-appellant Chandraprakash Kansara called her daughter in the room and committed indecent and vulgar activities with her and also threatened that if she told her mother, he will cut her neck. On 19.07.2015 the daughter of the complainant told her about the indecent and vulgar activities done by the appellant with her. At around 12:00 PM, the complainant was keeping watch on the house, at that time accused-appellant caught the hand of her daughter and tried to forcibly drag her in his house. On hearing hue and cry of her daughter the complainant reached at the door and opened it and saw the appellant doing indecent and vulgar activities with her daughter. On shouting, the appellant fled away. On the said report, the Police registered the FIR No.225/2015 and started investigation. During the course of investigation, the appellant was arrested by the Police. After investigation, the police filed challan against the present appellant for offence under Sections 354, 354(B) IPC and Section 7/8 POCSO Act. Thereafter, the charges for offence under Section 354(B) IPC R/w Section 7/8 of POCSO Act were framed against the appellant. He denied the charges and claimed trial.

During the course of trial, the prosecution examined 9 witnesses and various documents were also exhibited. Thereafter, statement of appellant under section 313 Cr.P.C was recorded. No witness was examined on the defence side.

Upon conclusion of the trial, the learned trial court vide impugned judgment dated 09.05.2018 convicted and sentenced the appellant for offence under Section 354(B) IPC R/w Section 7/8 of POCSO Act as mentioned earlier.

At the threshold, learned counsel for the appellant does not challenge the finding of conviction but it is submitted that the occurrence relates back to year 2015 and the appellant has so far suffered a sentence of two years and two months out of total sentence of three years, therefore, it is prayed that the substantive sentence awarded to the appellant for the aforesaid offence may be reduced to the period already undergone by him.

On the other hand, the learned Public Prosecutor opposed the submissions made by the learned counsel for the appellant. The learned PP submitted that there is neither any occasion to interfere with the sentence awarded to the accused appellant nor any compassion or sympathy is called for in the said case.

Since the appellant's counsel does not challenge the appellant's conviction, this Court need not go into the merits of the case and accordingly, the conviction of the appellant as recorded by the learned trial court for the offence under Section 354(B) IPC R/w Section 7/8 of POCSO Act is maintained.

I have perused the evidence of the prosecution as well as defence and the judgment passed by the trial court regarding conviction of the accused-appellant. It is not disputed that the appellant has so far undergone a period of two years and two months incarceration out of the total three years' rigorous imprisonment so also suffered the agony and trauma of protracted trial. Thus, looking to the over-all circumstances and the fact that the appellant has remained behind the bars for considerable time, it will be just and proper if the sentence awarded by the trial court for offence under Section 354(B) IPC R/w Section 7/8 of POCSO Act is reduced to the period already undergone by him while maintaining the amount of fine in the sum of Rs. 1,000/-.

Accordingly, the appeal is partly allowed. While maintaining the appellant's conviction and sentence for offence under Section 8354(B) IPC R/w Section 7/8 of POCSO Act, the sentence awarded to him is reduced to the period already undergone by him, however the amount of fine is hereby maintained. In default of payment of fine, the appellant shall undergo one month's S.I. On deposition of fine amount, he may be released forthwith, if not required in any other case.

The record of the trial court be sent back forthwith.