PURAN Vs. STATE

JUDGEMENT

(1.) By way of the instant appeal under Sec. 374(2) Cr.P.C., the appellant has challenged his conviction under Sec. 6 of Protection of Children From Sexual Offences Act, 2012 (POCSO Act) and the order dtd. 8/6/2021 whereby he has been sentenced to undergo life imprisonment for a period not less than 14 years. In addition, compensation of Rs.4,50,000.00 was granted to the victim in accordance with Delhi Victim Compensation Scheme.

(2.) The judgment under challenge was passed by learned Additional Sessions Judge (ASJ-05) POCSO South West District, Dwarka Courts, New Delhi on 12/3/2020, in S.C. Case No. 440384/16, pertaining to FIR No. 237/14, P.S. Kapashera registered under Sec. 6 of the POCSO Act and the order of sentence was passed on 8/6/2021.

(3.) The facts in brief are that in the night of 25/5/2014, the appellant forcibly entered the house of the child victim, allegedly aged about 10 years, and committed the offence of penetrative sexual assault punishable under sec. 6 of the POCSO Act. Accordingly, above noted FIR was registered at PS Kapasehra on 31/5/2014. Pursuant to the investigation, charge-sheet was filed against the appellant for commission of offence under sec. 376 IPC and sec. 4 (6) of POCSO Act. Charge was however, framed against the appellant for offence punishable under sec. 6 of POCSO Act. Appellant pleaded not guilty and claimed trial. During trial, the prosecution examined 14 witnesses. The accused was examined under Sec. 313 Cr.P.C. when he pleaded innocence and stated he wished to lead defence evidence. Accordingly, the accused examined himself as DW-1 and 2 more witnesses from his employer company as DW-2 and DW-3.