A Division Bench of Justices Suresh Kumar Kait and Manoj Jain concluded that man (referred to as PDD) was guilty of offences under Sections 6 of the Protection of Children from Sexual Offences Act (POCSO Act) as well as Sections 506 (criminal intimidation) and 323 (voluntarily causing hurt) of the Indian Penal Code (IPC).
The Bench set aside the trial court order acquitting the man in the case.
The Court observed that the victim girl must have thought that she would find a ‘monastery’ in the lap of her father but little did she realize that he was a ‘monster’.
“We are, thus, of the firm view that learned Trial Court has misread and misinterpreted the evidence and the analysis of the evidence is based on conjectured inferences, necessitating us to interfere with such order of acquittal. Therefore, in view of apparent compelling reason that the finding recorded in order of acquittal is contrary to the evidence, we have no hesitation in reversing the same,” the Court observed.
It, therefore, convicted the man.
“Consequently, we hereby allow both the appeals and hold the respondent (PDD) guilty for commission of offences punishable under Section 6 of POCSO Act and Sections 506 and 323 IPC,” the Bench ruled.
Source: Barandbench
