SATISH KUMAR KASHYAP ALIAS SAGAR Vs. STATE

JUDGEMENT

(1.) Vide this appeal, the appellant is assailing the judgment dtd. 4/10/2018 ('impugned judgment' in short) passed by Ld. ASJ-01, North-West District, Rohini Courts, Delhi, whereby the appellant was convicted for the offence punishable under Sec. 366 Indian Penal Code, 1860 ('IPC' in short) as well as under Sec. 6 of the Protection of Children from Sexual Offences, 2012 ('POCSO Act' in short), in Sessions Case No. 116/2015, in FIR no. 393/2015, Police Station Kanjhawala ; and order on sentence dtd. 8/10/2018, whereby the appellant was sentenced to undergo imprisonment for life under Sec. 6 of POCSO Act with fine of Rs.10,000.00, in default to undergo simple imprisonment for six month months ; and is also to undergo rigorous imprisonment for a period of 10 years under Sec. 366 IPC with fine of Rs.5,000.00, in default to undergo simple imprisonment for three months.

(2.) Briefly stating, the prosecution case is, that on 2/6/2015, at about 5.46 pm, a PCR call (Ex. PW-13/A) was received regarding 'galat kaam' with a minor girl near Pani ki Tanki, Ladpur Road, Kanjhawala. On which, DD no. 35-A dtd. 2/6/2015 (Ex. PW-8/A) was recorded at Police Station Khajhawala, which was assigned to ASI Suresh/PW-8. On receipt of the said DD, ASI Suresh (PW-8) along with Lady/Ct. Chitra reached the spot/Kanjhawala Chowk, where Smt. U, mother of the prosecutrix (PW-10) and the victim S (PW-7) were met and mother of the prosecutrix informed that 'galat kaam ' has been committed with her daughter. ASI Suresh/PW-8 then accompanied victim S and her parents to Sanjay Gandhi Memorial Hospital ('SGM Hospital' in short). IO/WSI Anita/PW-12 also reached the hospital and met victim's mother U. On inquiry, victim's mother told that on that day i.e. 2/6/2015, at about 2.00 pm, when she looked around for her daughter/victim S (PW-7) to give her bath, she could not find her. She then searched for S around her house and while she was searching, a child in the neighbourhood (PW-14) informed that the victim S has been taken by Sagar/the appellant/accused, who worked in a factory near their residence. But still, she could not trace her daughter S. While she was still searching for her daughter, she saw the appellant coming from the opposite side along with her daughter and the moment, she saw the appellant, he ran leaving her daughter/victim S. Her daughter was continuously crying. With the help of neighbours, the appellant was nabbed. In the meanwhile, her daughter/victim S told that the appellant/accused allured her on the pretext of giving her chocolate and took her to some bushes and beat her up. She then checked her daughter and found that her underwear was having blood stains and that a galat-kaam/rape had been committed with her daughter. She then checked her daughter's private part and saw that her daughter was even having scratches/abrasions over her entire body caused by the bushes. Victim S and her mother were counselled by a Counsellor. Victim S was got medically examined vide MLC Ex. PW-6/A and was also admitted in the hospital. After medical examination, exhibits of the victim were handed over by the doctor in sealed condition along with one sample seal, which were seized by the IO/PW-12 vide seizure memo Ex. PW-12/A. Statement Ex. PW-10/A of the victim's mother (PW-10) was recorded, on which, rukka for registration of the FIR was sent through Lady/Ct. Chitra. On the basis of the said rukka, PW-2 HC Rajesh Kumar recorded the FIR Ex. PW-2/A in the case under Ss. 376 IPC and 6 of POCSO Act.

(3.) In order to prove its case, the prosecution examined 15 witnesses.