LAXMAN Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) By way of the present appeal, filed under Section 374 Cr.P.C., the appellant has assailed the judgment on conviction dated 01.11.2019 and order on sentence dated 25.11.2019 passed in Sessions Case No. 58126/2016 arising out of FIR No. 428/2013 registered under Section 10 of the POCSO Act at P.S. Shahbad Dairy, passed by the learned ASJ-06, Special Court, POCSO, North, Rohini Court, Delhi whereby the appellant was convicted for the offence punishable under Section 10 of the POCSO Act and sentenced to undergo RI for a period of 5 years along with payment of fine of Rs.5,000/-, in default whereof, to further undergo SI for 1 month.

(2.) For the sake of felicity, the brief facts as noted by the Trial Court, are reproduced below :-

(3.) To prove its case, the prosecution examined 15 material witnesses. The child victim was examined as PW1. Ms. 'G', the mother of the child victim, was examined as PW2. Mr. 'BS', the grandfather of the child victim was examined as PW3. Dr. Nitika Gupta and Dr. Sidharth, who proved the MLC of the child victim, were examined as PW5 and PW12 respectively. Mr. Charanjeet Singh, MM, who proved the statement of Ms. 'G', recorded under Section 164 Cr.P.C., was examined as PW13. Ms. Rachna Lakhanpal, MM, who proved the statement of the child victim, recorded under Section 164 Cr.P.C., was examined as PW14. The other witnesses were official witnesses cited in relation to various steps taken during the investigation.