KISHORE KUMAR Vs. STATE

JUDGEMENT

(1.) The appellant has filed the present appeal seeking setting aside of the impugned judgment of conviction dtd. 3/2/2020 and order of sentence dtd. 20/2/2020 convicting the appellant u/s 10/12 Protection of Children from Sexual Offences Act, 2012 (herein after called 'POCSO') and Sec. 454/506 (II) IPC in session case no. 57694/2016 titled 'State vs Kishore Kumar."

(2.) By the order dtd. 20/2/2020, the appellant has been sentenced to undergo Rigorous Imprisonment for three years along with a fine of Rs.2500.00 for committing an offence punishable under Sec. 454 IPC. He was awarded similar sentences for committing the offence punishable under Sec. 506(II) IPC and Sec. 12 of the POCSO Act. In addition, he was sentenced to rigorous imprisonment for a period of five years along with a fine of Rs.2500.00 for an offence punishable under Sec. 10 of the POCSO Act. The sentence of the appellant was suspended during the pendency of the appeal but due to the appellant's incapacity to furnish the surety amount, he could not be released. Hence the appeal has been taken up for hearing.

(3.) The facts of the case are that the complainant (mother of the child victim) was not present in her house, when accused/appellant Kishore Kumar along with one another boy came to her house at H. No. - H-04/119, Sector-16, Rohini and made her son/child victim namely 'HS' age about 07 years open the door of her house by threatening her son.