BAGENDER MANJHI Vs. STATE (GOVT. OF NCT) DELHI

JUDGEMENT

(1.) The present appeal under the provision of Sec. 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C"), read with sec. 383 of Cr.P.C, arises out of the judgment dtd. 11/10/2019 and the order on sentence dtd. 31/10/2019, rendered by the learned Additional Session Judge-01, Special Court, (POCSO), South District, Saket Court Complex, New Delhi, in Session Case No. 7763/2016, titled as 'State vs. Bagender Manjhi', emanating from F.I.R. No.152/2012 (hereinafter referred to as the "subject FIR:) under Ss. 376 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") and under Ss. 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "the POCSO Act"), registered at Police Station-Lodhi Colony, New Delhi.

(2.) By way of the impugned judgment dtd. 11/10/2019, Bagender Manjhi ("the Appellant"), has been convicted for the commission of offences punishable under the provision of Sec. 376(2)(f) IPC and sec. 6 read with sec. 5/3 of POCSO. Further, by way of the impugned order on sentence dtd. 31/10/2019, the Appellant has been sentenced to undergo imprisonment for life, along with a fine of Rs.20,000.00. In default of the payment of fine, the Appellant has been sentenced to undergo simple imprisonment for two additional months.

(3.) Since this matter concerns sexual offences against a 'minor', the names of the prosecutrix and some key witnesses have been anonymized in keeping with the verdict of the Hon'ble Supreme Court in Nipun Saxena and Anr. vs. Union of India and Ors., reported as (2019) 2 SCC 703.