LAWS(DLH)-2020-8-41

V. MURLI Vs. STATE OF NCT OF DELHI

Decided On August 10, 2020
V. Murli Appellant
V/S
STATE OF NCT OF DELHI Respondents

JUDGEMENT

(1.) By way of the present appeal, the appellant has challenged his conviction recorded by the trial court vide judgment dated 27.04.2019 in FIR No. 104/14 registered under Section 354 IPC and Section 10 of the POCSO Act at P.S. Lodhi Colony whereby the appellant was convicted for the offence punishable under Section 354 IPC and Section 10 of the POCSO Act.

(2.) Subsequently, vide order dated 13.05.2019, the appellant was sentenced to undergo RI for a period of five years and a fine of Rs.20,000/- for the offence punishable Section 10 of the POCSO Act and in default thereof, to undergo SI for a period of six months. In view of Section 42 of the POSCO Act, the appellant was not sentenced for the offence punishable under Section 354 IPC as the sentence in POSCO Act is higher.

(3.) While passing the impugned judgment, the trial court noted the brief facts as follows:-