(1.) By way of 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. 31/10/2018 and Order on Sentence dtd. 19/12/2018 passed by the Addl. Sessions Judge-01, West, Special Court under the POCSO Act, Tis Hazari Courts, Delhi vide which appellant Kamlesh has been convicted U/s 376 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.50,000.00 U/s 376 IPC and in default of payment of fine, simple imprisonment for a period of one year.
(2.) In brief, the case of the prosecution is that on 7/10/2012 in between 10:00 p.m. to 11:00 p.m. at the house of Mr. Suresh near Government Hospital, Tikri Kalan, Delhi, appellant Kamlesh had committed rape upon Ms. X, the minor prosecutrix aged about 02 years.
(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.
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