AKHTAR AHMAD Vs. STATE

JUDGEMENT

(1.) The appellant has filed the present appeal, impugning the judgment dated 25.04.2017 passed by the Learned ASJ-01 (NW), Rohini District Courts, New Delhi, whereby the appellant was convicted under Section 10 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) for committing aggravated sexual assault on a child of ten years of age. The appellant also challenges the order dated 01.05.2017, whereby the appellant was sentenced for a period of five years of rigorous imprisonment, along with a fine of 10,000/- and in default of the said fine, further simple imprisonment for a period of three months, for committing the offence under Section 10 of the POCSO Act.

(2.) On 11.11.2014, at about 3:10 pm, information was received at the PS IP Estate through PCR with regard to the recovery of an abandoned girl child, aged about 7 years, from a bus and was recorded as DD No. 20-A. The same was entrusted to enquiry to SI Mohit Malik, who along with Ct Narender went to the said spot and found the aforesaid girl (hereafter 'the Child'). Thereafter, WSI Vishambhari also reached the spot and called a counsellor who recorded the Child's statement. The Child stated that after the death of her mother, her father had abandoned her and her other siblings. She was brought to Delhi by her aunt (bua, sister of her father). After some time, her aunt (bua) had left her at the place of another woman, who used to make her do the work of filling of lime (chuna bharna). She disclosed that when she was staying with her aunt (bua), her uncle (fufa, husband of bua) used to touch her private parts. The son of her aunt, the woman with whom her bua had left her, had taken her to a bus and had left there.

(3.) Thereafter, the child was taken to LNJP Hospital, where her medical examination was conducted. Her hymen appeared to be intact but it was found to be patulous (slightly wide). On the aforesaid basis, the FIR was recorded. The child victim's statement was also recorded under Section 164 of the CrPC. Thereafter, investigation was conducted and criminal proceedings were set in motion against the appellant.