MOHD. AZIZUL Vs. STATE

JUDGEMENT

(1.) This is a petition filed seeking setting aside of the impugned judgment dtd. 24/9/2019 and order on sentence dtd. 10/10/2019 passed by ASJ-07, Special Court, POCSO Act, South East District, Saket Courts, Delhi in FIR No. 106/2014, P.S. Hazarat Nizamuddin u/s 6 POCSO Act, case titled 'State Vs. Mohd. Azizul' wherein the Applicant has been found guilty under Sec. 6 of the POCSO Act and was sentenced to R.I. for 14 years and fine of Rs.10000..00 In addition, since the fine was not paid, he was further directed to undergo simple imprisonment of 6 months.

(2.) The brief factual matrix is as under:

(3.) After analysing the documents, evidence and arguments of the parties, the Sessions Court was of the view that on 13/3/2014, between 01:00 PM and 02:00 PM, accused i.e. the appellant committed penetrative sexual assault upon the victim by inserting his penis in her vagina. The victim was less than 12 years of age at the time of offence and therefore, the penetrative sexual assault falls under the category of aggravated penetrative sexual assault as defined under Sec. 5(m) of the POCSO Act.