FAIYAZ Vs. STATE

JUDGEMENT

(1.) The present appeal under Sec. 374 of the Code of Criminal Procedure, 1973 ('CrPC') challenges the judgment of conviction and order on sentence dtd. 20/1/2017 and 30/1/2017 respectively passed by the learned Additional Sessions Judge - 01 (North-West), Rohini District Courts, New Delhi, in Sessions Case No. 1/16 arising out of FIR No. 1043/15 under Sec. 376 of the Indian Penal Code, 1860 ('IPC') and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO') registered at PS Sultan Puri. The appellant has been convicted for offence under Sec. 6 of the POCSO and has been sentenced to undergo rigorous imprisonment of for 10 years alongwith a fine of Rs.5,000.00 and in default of payment of fine, further simple imprisonment for 03 months. Background

(2.) Briefly stated, the facts of the present case are as under:

(3.) Learned counsel appearing on behalf of the appellant submitted that the case of the prosecution is based on the allegation that the appellant inserted his finger into the victim's (PW-4) vagina. It was submitted that prior to the incident, the victim's mother had a quarrel with the appellant over the issue of filling water from a common public hydrant in the street.