ROHIT Vs. STATE

JUDGEMENT

(1.) The present appeal is preferred under Section 374 Cr.P.C. on behalf of the appellant Rohit challenging the judgment on conviction dated 12.02.2020 and order on sentence dated 15.02.2020 passed by the Special Judge (POCSO Act) (Central), Tis Hazari Courts, in SC No. 28233/2016 arising out of FIR No. 616/2015 under Sections 376 IPC and 6 of POCSO Act registered at Police Station I.P. Estate whereby the appellant was convicted for the offence punishable under Section 6 of POCSO Act and under Section 376 IPC. Further, vide order on sentence dated 15.02.2020, the appellant was directed to undergo rigorous imprisonment for 15 years for the offence punishable under Section 6 of POCSO Act alongwith payment of fine of Rs.10,000/- in default thereof, to undergo SI for six months. In view of Section 42 of the POCSO Act, the appellant was not sentenced under Section 376 IPC as the punishment provided under the POCSO Act is higher.

(2.) The brief facts as noted by the Trial Court are as under:-

(3.) During investigation, the medical examination of the child victim as well as the appellant was done and the requisite samples were taken and sent to the FSL. After completion of investigation, a charge-sheet was filed under Section 376 IPC and under Section 6 of POCSO Act. Later, on receipt of the FSL report dated 01.02.2018, a supplementary charge-sheet was also filed.