MANOJ TYAGI Vs. THE STATE

JUDGEMENT

(1.) The appellant Manoj Tyagi @ Monu vide the present appeal assails the impugned judgment dated 25.07.2018 and the impugned order on sentence dated 27.07.2018 of the learned ASJ-01, Judge, Special Court POCSO, KKD, Delhi vide which the appellant in relation to the charges framed against him qua the alleged commission of an offence punishable under Section 10 of the POCSO Act, 2012 with an alternative charge of the commission of the offence punishable under Section 367 of the Indian Penal Code, 1860 was held guilty and convicted for the offence punishable under Section 367 of the Indian Penal Code, 1860 and Section 10 of the POCSO Act, 2012 and was sentenced to undergo the minimum Rigorous Imprisonment for a period of five years for the offence punishable under Section10 of the POCSO Act, 2012 and to pay a fine of Rs.3,000/- and in case of non-payment of the fine, to further undergo Simple Imprisonment for a period of 15 days in default with the appellant having also been sentenced to undergo minimum Rigorous Imprisonment for a period of five years for the offence punishable under Section 367 of the Indian Penal Code, 1860 and to pay a fine of Rs.3,000/- and in case of non-payment of the fine, to further undergo Simple Imprisonment for a period of 15 days in default with all the sentences having been directed to run concurrently.

(2.) The DLSA was directed vide the impugned order on sentence dated 27.07.2018 to pay compensation to the tune of Rs.50,000/- under Rule 7 (2) of the POCSO Rules, 2012 r/w Section 33 (8) of the POCSO through funds maintained under the Victim Compensation Scheme for mental torture and agony suffered by the victim due to the offence committed by the accused.

(3.) Along with the appeal was Crl.M.A.1839/2019 seeking condonation of 86 days delay, which application was allowed vide order dated 28.01.2019.