SOMVEER @ LALLA Vs. STATE

JUDGEMENT

(1.) Present appeals No. 1212/2018 and No. 455/2019 are directed against common judgment dated 03.08.2018 and order on sentence dated 29.08.2018 passed by the learned Additional Sessions Judge, Special Court, (POCSO ACT)/North East District, Karkardooma Courts, Delhi in Sessions case No. 06/2017 arising out of FIR No. 341/2016, under Section 363 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and Section 10 POCSO Act registered at Police Station Karawal Nagar, Delhi whereby the learned Sessions Judge found the accused guilty and sentenced him to undergo rigorous imprisonment for a period of 02 years and to pay a fine of Rs.5,000/- for offence under Section 363 IPC and in default of payment of such fine for this offence, he shall undergo simple imprisonment for a period of one month. Convict was also sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.10,000/- for the offence punishable under Section 10 POCSO Act and in default of payment of such fine for this offence, he shall undergo simple imprisonment for a period of one month. Both the sentences were directed to run concurrently.

(2.) The brief facts of the case, as mentioned by the learned Trial Court are reproduced as under:

(3.) After completion of investigation, charge sheet under Sections 363/376/506 IPC and under Section 4 POCSO Act was filed against accused. On 01.02.2017, charges under sections 363/366/376 (2) (i) IPC and u/s 6 POCSO Act were framed against the accused to which he pleaded not guilty and claimed trial.