SURJEET KUMAR Vs. STATE

JUDGEMENT

(1.) This is an appeal for setting aside the judgement dated 21.11.2019 and the order on sentence dated 28.11.2019 passed by the Ld. Trial Court, ASJ-06, (POCSO), Shahdara District, Karkardooma Courts, Delhi in SC No. 123/2017 arising out of FIR No. 26/2017, under section 363/366/376 IPC and section 6 of POCSO Act, registered at PS Shahdara.After trial and examination of the witnesses, the Trial Court was pleased to hold the appellant guilty of offences u/s 363/366/ 376 IPC and 6 of POCSO Act and vide order of sentence dated 28.11.2019, the appellant was sentenced to 10 years rigorous imprisonment and fine.

(2.) Brief facts of the case are that on 23.01.2017, a complaint was filed by the father of the victim alleging that on the said date, he went to drop his daughter at the school, however, she did not return home and he has apprehension that his daughter has been kidnapped. On this basis, FIR bearing no. 26/2017 was registered against the appellant on 23.01.2017.During investigation, the IO obtained CDR of the victim, upon which the location of mobile phone of the appellant was seen at Phagwara, Punjab and the victim was traced with the appellant and he was arrested. Thereafter, medical examination of the victim and appellant was conducted at GTB Hospital, exhibits were collected and seized, statement under 164 Cr.PC was recorded and hence, the appellant was charged for offences under section 363/366/376 IPC and 6 of POCSO Act.

(3.) It is submitted by learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. It is further submitted that the victim voluntarily left her house and made physical relations with the appellant with her consent as they were in a relationship.