VIJAY Vs. STATE

JUDGEMENT

(1.) The appellant has filed the present appeal impugning a judgment dated 07.05.2015, whereby the appellant was convicted of an offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereafter the 'POCSO Act). The appellant also impugns an order dated 16.05.2015, whereby he was sentenced to serve ten years of rigorous imprisonment along with a fine of Rs.10,000/- for the offence for which he was convicted. It was further directed that in default of payment of fine, he would undergo simple imprisonment for a further period of eight months.

(2.) The appellant was charged of barging in the jhuggi of the victim at about 03.00 a.m. It was alleged that he had removed the panty/underwear of the prosecutrix (a minor aged about nine years at the material time). He had allegedly touched her vagina and had also inserted his finger inside her anus.

(3.) The father of the prosecutrix made a call to the police at about 06.10 a.m. on 23.09.2013, after apprehending the appellant. The said call was received at PS South Campus and was entered as DD No.6A (Ex.PW5/A). It was reported that a quarrel had ensued as a result of eve teasing (ladki chedne ke karan jhagda). The said DD entry was handed over to SI Chandan Singh. At the material time, he was posted at PS South Campus. He was examined as PW5. He stated that he along with W/Ct. Sushila went to the scene of the incident (Shri Ram JJ, South Moti Bagh) and met the prosecutrix (aged nine years) and her parents . He testified that he had apprehended the accused as he was informed that he had assaulted the prosecutrix. He further stated that SI Saroj was called to the spot and she recorded the statement of the victim (prosecutrix) and got the FIR in question registered (FIR 166/2013 under Sections 376/377 of IPC and Sections 6, 7 and 8 of POSCO Act).