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

JUDGEMENT

(1.) The appellant vide the present appeal assails the impugned judgment dated 19.2.2020 and the impugned order on sentence dated 20.2.2020 of the learned Trial Court of the Additional Sessions Judge (Special Court)-04, POCSO in relation to FIR No. 113/2016, Police Station Aman Vihar whereby the appellant herein along with the co-convict Mohd. Sajid @ Benam was convicted for the offence punishable under Section 6 of the POCSO Act, 2012 and under Section 506/34 of the Indian Penal Code, 1860, for having subjected the minor child 'A' aged 13 years to gang penetrative sexual assault in terms of Section 5 (g) of the POCSO Act, 2012 which amounts to aggravated penetrative sexual assault as also qua the offence of commission of criminal intimidation to the victim 'A' and were sentenced as under:

(2.) Along with the appeal was Crl.M.A. No. 17079/2020 filed on behalf of the appellant herein, namely, Chand, for condonation of 206 days' delay in institution of the appeal which was allowed vide order dated 9.12.2020. Vide order dated 9.12.2020 the Crl.M.(Bail) No. 8424/2020 filed on behalf of the appellant seeking suspension of sentence during the pendency of the appeal was declined.

(3.) The report was called for from the Registry as to whether any appeal had been filed by the co-convict Mohd. Sajid @ Benam qua which the report has been received dated 19.1.2021 from the Registryto the effect that there is no appeal filed by the co-convict Mohd. Sajid @ Benam, in relation to FIR No. 113/16, Police Station Aman Vihar.