RAKESH Vs. STATE (GNCT OF DELHI)

JUDGEMENT

(1.) The present appeal is preferred under Section 374(2) read with Section 383 of Cr.P.C. on behalf of the appellant Rakesh @ Diwan challenging the judgment on conviction dated 19.12.2019 and order on sentence dated 18.01.2020 passed by the learned ASJ-07/Special Court (POCSO Act), South East District, Saket Courts, New Delhi, in SC No. 2065/2016 arising out of FIR No. 513/2013 registered under Section 6 of the POCSO Act at Police Station Okhla, whereby the appellant was convicted for the offence punishable under Section 6 of the POCSO Act. Further, vide order on sentence dated 18.01.2020, the appellant has been sentenced to undergo rigorous imprisonment for a period of 14 years for the offence punishable under Section 6 of the POCSO Act along with payment of fine of Rs.10,000/- in default whereof to further undergo SI for a period of six months. The appellant was granted the benefit of Section 428 Cr.P.C.

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

(3.) The appellant was charged under Section 6 of the POCSO Act to which he pleaded not guilty and claimed trial. In the trial, the prosecution examined total of 9 witnesses. Baby 'K', the child victim was examined as PW-1. Smt. 'CD', the complainant and mother of the child victim was examined as PW-2 and Baby 'S' was examined as PW-4.