PARSU RAM Vs. STATE

JUDGEMENT

(1.) By this Judgment, we shall dispose of the present appeal U/s 374(2) of the Code of Criminal Procedure which has been filed against the Judgment of Conviction dtd. 22/5/2019 and Order on Sentence dtd. 3/7/2019 passed by the Addl. Sessions Judge-01, West, Special Court under the POCSO Act, Tis Hazari Courts, Delhi vide which appellant Parsu Ram has been convicted U/s 363/34 IPC, 376 IPC and U/s 308 IPC and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a sum of Rs.10,000.00 as fine for the offence U/s 363/34 IPC and in default of payment of fine, simple imprisonment for a period of one year. He has been further sentenced to undergo rigorous imprisonment for a period of 7 years and to pay a fine of Rs.25,000.00 U/s 308 IPC and in default of payment of fine, simple imprisonment for a period of one year. He has also been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.1,00,000.00 U/s 376 IPC and in default of payment of fine, simple imprisonment for a period of one year. Further, the appellant has been directed to pay compensation of Rs.2,00,000.00 to the prosecutrix and in default of payment of the same, he shall undergo simple imprisonment for a period of two years.

(2.) In brief, the case of the prosecution is that on 24/2/2012 at about 08:00 p.m. in front of A-383, Harijan Camp, Chuna Bhatti, Kirti Nagar, Delhi, appellant Parsu Ram and his co-accused Saroj in furtherance of their common intention, kidnapped PW-4 Ms.X (the minor prosecutrix aged about 06 and a half years) from the lawful custody of her parents (PW-2 and PW-3) without their consent and in the night of 24/2/2012 near Shanti Mandir, Saraswati Garden, Delhi, appellant Parsu Ram committed rape upon Ms. X, the minor prosecutrix and secondly on the said date, time and place, appellant Parsu Ram inflicted injuries on the person of Ms. X, with such intention or knowledge and under such circumstances, that if by that act he had caused the death of aforesaid Ms. X, he would have been guilty of culpable homicide not amounting to murder.

(3.) After the completion of the investigation, challan was filed before the court of Metropolitan Magistrate, who after completing all the formalities committed the case to the Court of Sessions for trial.