RAHIM Vs. THE STATE (NCT OF DELHI)

JUDGEMENT

(1.) The present appeal is preferred under Sec. 374(2) Cr.P.C. on behalf of the appellant Rahim challenging the judgment on conviction dtd. 25/10/2019 and order on sentence dtd. 30/10/2019 passed by the Special Judge (POCSO Act)/ASJ-05 (Central)/THC, Delhi, in SC No. 27269/16 arising out of FIR No. 87/2014 registered under Ss. 323/354 IPC and Sec. 8 of the POCSO Act, at Police Station Kamla Market, Delhi whereby the appellant was convicted for the offence punishable under Ss. 323/354 IPC and Sec. 8 of the POCSO Act. Further, vide order on sentence dtd. 30/10/2019, the appellant was directed to undergo RI for a period of 5 years for the offence punishable under Sec. 8 of the POCSO Act along with payment of fine of Rs.5,000.00 in default thereof, to undergo SI for 6 months. He was further directed to undergo RI for a period of 1 year for the offence punishable under Sec. 323 IPC along with payment of fine of Rs.2,000.00 in default thereof, to undergo SI for 3 months.

(2.) The brief facts as noted by the trial court are as under:- "Brief facts of the case, as borne out from the charge- sheet are that on 10/3/2014 at about 05.30 p.m. when minor victim/complainant 'S' (name withheld to protect her identity) aged about 17 was coming from her work place and reached at a circle near public toilet, accused came out from the said toilet and followed her. It is further stated that she changed her way and accused asked her to stop but she did not stop. The victim further stated that when she reached near the circle of the road for crossing the road, accused caught hold of her hand and when she shouted and tried to get rid of accused, accused slapped her. The victim further stated that accused also caressed (touched) her chest at the said place at that time. It is further alleged that at the time of incident, accused had covered his face with a cloth and were wearing black goggles and cap. The victim further stated that two persons came on motorcycle and caught the accused who fought with them as well. He was taken to the Police Station. The witness further stated that she made complaint Ex.PW6/A to the police and pointed out the place of incident to the Police".

(3.) After completion of investigation, a charge-sheet was filed and the charges were framed against the appellant. The trial court framed the charges under Ss. 323/354 IPC and Sec. 8 of the POCSO Act vide order dtd. 12/5/2014. The appellant pleaded not guilty and claimed trial.