KALICHARAN @ KALKA PRASAD Vs. STATE

JUDGEMENT

(1.) The appellant has filed the present appeal impugning a judgment dated 07.10.2016, whereby he was convicted of an offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter 'POCSO Act'). He also impugns an order dated 08.10.2016, whereby he was sentenced to serve rigorous imprisonment for a period of ten years with a fine of ?2,000/- for committing an offence punishable under Section 6 of the POCSO Act an aggravated penetrative sexual assault. It was further directed that on failure to pay the fine, he would go simple imprisonment for a period of fifteen days.

(2.) The appellant was prosecuted pursuant to registration of an FIR bearing no. 150/2013, under Section 376 of the Indian Penal Code, 1860 (IPC) registered with PS Karawal Nagar. The said FIR was registered at the instance of the victim's mother (hereinafter referred to as 'the complainant'). On completion of investigation, the chargesheet was filed against the accused Kalicharan for offences punishable under Section 376(1) of the IPC and Section 4 of the POCSO Act. By an order dated 03.12.2013, the Trial Court framed a charge against the accused Kalicharan for committing an offence punishable under Section 6 of the POCSO Act. The accused Kalicharan pleaded guilty and was tried for committing the said offence.

(3.) It is the case of the prosecution that the complainant's sister had made a PCR call at about 11:45 a.m. on 13.03.2013 for reporting the offence. The said call was received and entered as DD No.14A at PS Karawal Nagar. She had reported that at the given address, one man had done a wrong act with a two year old child. At the material time, HC Ramesh Kumar (who was examined as PW2) was on duty as a Duty Officer at PS Karawal Nagar. He testified that he had received the call regarding sexual assault on a two year old girl and had recorded the same as DD No.14A. He further testified that he had handed over the said DD to ASI Yogesh Tyagi for taking the necessary action. ASI Yogesh Tyagi was examined as PW4. He confirmed that he had received DD No.14A (Ex.PW2/A) on 13.03.2013. He further testified that on receipt of the said DD, he along with Ct. Rohtash went to the spot (H No. B-187, Gali No. 6, Shiv Vihar, Ambika Vihar, Delhi) and on reaching the spot, he found that the victim had already been taken to GTB Hospital by the PCR. He stated that he along with Ct. Rohtash went to GTB Hospital and found that the victim (a two year old girl) was admitted there. He stated that he met the parents of the victim at the hospital and collected the MLC. Thereafter, he gave information to the Duty Officer. He collected a sealed parcel from GTB Hospital containing the victim's samples and thereafter, he along with the victim and her parents came back to the spot. He testified that he met SI Monika at the spot and handed over the parcel to her and thereafter, SI Monika recorded the complainant's statement (Ex.PW1/A).