MAHIPAL Vs. STATE (GOVT. OF NCT) OF DELHI

JUDGEMENT

(1.) The appellant has filed the present appeal seeking to challenge a judgment dated 02.08.2016 passed by the ASJ-01, North Rohini Courts, New Delhi, whereby the appellant was convicted for committing aggravated penetrative sexual assault on a child victim - an offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter 'POCSO Act'). He was also convicted under Section 506 of the Indian Penal Code, 1860 (hereinafter 'IPC'). The appellant also impugns an order on sentence dated 09.08.2016, whereby he was (i) sentenced to rigorous imprisonment for a period of twenty years with a fine of Rs. 5000/- and in default of payment of fine, to undergo simple imprisonment for a further period of thirty days, for committing the offence punishable under Section 6 of the POCSO Act; and (ii)sentenced to rigorous imprisonment for a period of one year for the offence punishable under Section 506 of the IPC. All the sentences were directed to run concurrently.

(2.) The appellant was prosecuted pursuant to registration of FIR bearing no. 881/2014, under Sections 323/376/506 of the IPC and Section 4 of the POCSO Act with PS Shahbad Dairy. The said FIR was registered on 07.08.2014, pursuant to the statement (PW3/D) made by a girl, who was aged about thirteen years at the material time. Her name is concealed and she is hereafter referred to as 'the prosecutrix'. She had alleged that the appellant - who is her step father - had forcibly raped her multiple times and had threatened that he would kill her, if she disclosed the same to anybody. The prosecutrix alleged that on 05.08.2014, the accused had again raped (galat kaam) and beaten her.

(3.) On 07.08.2014, the prosecutrix along with one Ms. Shweta Bhardwaj came to PS Shahbad Dairy, Delhi and reported that the accused, who was her step father had done a wrong act (galat kaam) with her. WASI Rajbala, who was on duty that day recorded the DD entry 16A(Ex.PW4/A) and forwarded the same to WSI Urmil for further proceedings. WSI Urmil took the prosecutrix to BSA Hospital for medical examination along with WCt. Rajesh. The prosecutrix was medically examined and the concerned doctors handed over the exhibits of the victim to WCt. Rajesh. She in turn handed over the exhibits to WSI Urmil Sharma, who prepared a seizure memo (Ex.PW6/A) and seized the said exhibits. She came back to the PS and recorded the statement of the prosecutrix (Ex.PW3/A). On the basis of the said statement, she prepared a rukka (Ex.PW18/A) and handed over the same to the Duty Officer for registration of the FIR.