JITENDER Vs. STATE

JUDGEMENT

(1.) Appellant impugns order on conviction dated 08.01.2019 and order on sentence dated 23.02.2019, whereby the appellant has been convicted for an offence under Section 8 of the Prevention of Children from Sexual Offences Act, 2012 (hereinafter referred to as the POCSO Act) and sentenced to undergo simple imprisonment for a period of three years and to pay fine of Rs. 15,000 and in default to further undergo a simple imprisonment for a period of six months.

(2.) Case of the prosecution is that FIR No. 505/2015 under section 354 Indian Penal Code and Section 8 POCSO Act, Police Station : Mundka, was registered pursuant to a complaint lodged by the prosecutrix.

(3.) It is alleged that on 03.10.2015 when the prosecutrix aged 13 years was watching television in her veranda, appellant who was a tenant at her house, after fetching water from her kitchen, came and sat next to her and started to watch a cricket match. After about ten minutes he pressed her breasts and she thereafter shouted and her mother, who was in the adjoining room and caught hold of the Appellant and police was called.