SONI Vs. STATE ( GOVT. OF NCT) OF DELHI

JUDGEMENT

(1.) The present appeal has been instituted under Section 374 Cr.P.C. read with Section 482 Cr.P.C. against the impugned judgment and order on sentence dated 04.10.2019 and 10.10.2019 respectively passed by the learned Addl. Sessions Judge-1 (POCSO), Shahdara District, Karkardooma Courts, Delhi in SC No. 114/16 arising out of FIR No. 247/2016 registered under Sections 376(2)/506 IPC and Sections 5/6 of the POCSO Act at Police Station Harsh Vihar, Delhi, whereby the appellant was convicted for the offence punishable under Sections 376/506 IPC and Section 6 of the POCSO Act and sentenced to undergo Rigorous Imprisonment for 15 years with fine of Rs.20,000/- in default whereof to undergo Simple Imprisonment for 6 months for the offence punishable under Section 376(2)(f)(i) IPC. He was also sentenced to undergo Rigorous Imprisonment for 6 months with fine of Rs.3,000/- in default whereof to undergo Simple Imprisonment for 1 month for the offence punishable under Section 506 IPC. All the sentences were directed to run concurrently. The benefit of Section 428 Cr.P.C. was also directed to be provided to the appellant.

(2.) The facts of the present case, as noted by the Trial Court, are as under:-

(3.) The charges were framed against the appellant by the Trial Court for the offence punishable under Sections 376(2)(f)(i)/506 IPC and Sections 5(m)(n)/6 of the POCSO Act, to which he pleaded not guilty and claimed trial. In trial, the prosecution examined total eight witnesses. The child victim was examined as PW1. Baby 'K' (younger sister of the child victim) was examined as PW4. 'A' (mother of the child victim) was examined as PW6. Dr. Pooja Singh, who proved the MLC of the child victim, was examined as PW5. Dr. Shivesh Pandey, who proved the MLC of the appellant, was examined as PW2. SI Reena, the Investigating Officer, was examined as PW8, who stated that no exhibits were sent for FSL examination as the incident was old.