VIKAS Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The appellant impugns a judgment dated 25.02.2017, whereby he was convicted of committing an offence punishable under Section 6 of Protection of Children from Sexual Offences Act, 2012 (hereinafter "POCSO Act") - for committing aggravated penetrative sexual assault. He also impugns an order dated 25.03.2017, whereby he was sentenced to rigorous imprisonment for a period of ten years along with a fine of Rs. 20,000/- and in default of payment of fine, to undergo simple imprisonment for a further period of six months.

(2.) It is the prosecution's case that on 30.09.2013 at about 07:00 a.m., the appellant had met the victim, a girl aged ten years at the material time (hereinafter referred to as "the prosecutrix"). She had gone to the ration shop to purchase rusk. The appellant was employed as a mason and was residing in a room near the prosecutrix's home. He was acquainted with the prosecutrix for about one year and six months prior to that date. The appellant asked her to accompany him, however, she refused. The appellant, thereafter, threatened her and she got scared and proceeded along with him. He took her to Shashi Garden and locked her inside a room. He came back to the room at about 12:00 midnight and forcibly removed her clothes and raped her (he inserted his penis in her vagina). He forced himself on her twice in the intervening night of 30.09.2013 and 01.10.2013.

(3.) The appellant left the room next day but locked the prosecutrix inside. He returned at about 08:00 p.m. and offered her food, which she refused. During the night, he once again raped her. On the day thereafter, he shifted her to another room nearby. And thereafter, at about 03:00 pm, he put the prosecutrix on a rickshaw and gave money to the rickshaw puller with the given direction to drop her near Ashok Nagar Metro Station. The rickshaw puller dropped her there and she returned back home on her own on 02.10.2013.