MOHAN KUMAR Vs. STATE

JUDGEMENT

(1.) The present appeal has been filed under Section 374(2) Cr.P.C. on behalf of the appellant against the judgment of conviction dated 19.04.2018 and the order on sentence dated 24.04.2018 passed by the learned Addl. Sessions Judge- 01/Special Judge, POCSO Act, North District, Rohini Courts, Delhi in SC No. 59140/2016 arising out of FIR No. 245/2016 registered under Sections 354/354A IPC and Sections 8/10 of the POCSO Act at Police Station Adarsh Nagar, Delhi, whereby the appellant was convicted for the offences punishable under Section 354 IPC and Section 10 of the POCSO Act and sentenced to undergo Rigorous Imprisonment for a period of 05 years alongwith fine of Rs.20,000/- in default whereof to undergo Simple Imprisonment for a period of 30 days for the offence punishable under Section 10 of the POCSO Act.

(2.) The brief facts, as noted by the Trial Court, are that on 25.05.2016, the child victim as well as both her parents were at home, when at about 9 a.m., the mother of the child victim sent her to the market, to bring some articles. On her way back, while the child victim was climbing the stairs to her house, the appellant came there and caught hold of her hand. He pulled her towards the corner and started kissing her and removing her underwear, upon which she started shouting. The child victim's younger brother saw her, and in the meantime, the mother of the child victim also arrived at the spot. She apprehended the appellant and by that time, the child victim's father also reached the spot and called the police telephonically.

(3.) The charge sheet was filed and the Trial Court framed charge against the appellant for the offences punishable under Sections 354/354A IPC and Section 10 of the POCSO Act, to which he pled not guilty and claimed trial.