ARUN KUMAR SHUKLA Vs. STATE

JUDGEMENT

(1.) This is an appeal seeking setting aside of the judgment dtd. 22/7/2019 and order on sentence dtd. 30/8/2019, in FIR No. 936/2014, SC No. 2317/2016, u/s 342 IPC and 6 POCSO Act, registered at P.S. Okhla Industrial Area, passed by the learned ASJ-07 (POCSO), South-East District, Delhi.

(2.) Vide the judgment dtd. 22/7/2019, the appellant was convicted and vide order on sentence dtd. 30/8/2019, was sentenced to undergo rigorous imprisonment for 12 years along with fine of Rs.20,000.00 u/s 6 POCSO Act and simple imprisonment for 1 year for committing an offence under Sec. 342 IPC. In default of payment of fine, the Appellant was to further undergo simple imprisonment for 6 months. The sentences were to run concurrently. BRIEF FACTS OF THE CASE

(3.) The complainant (PW-8A/mother of the victim) allegedly being a widow, was supporting her family by doing odd jobs at various houses. On 8/12/2014 at around 5:30 pm, the complainant returned from work a bit early and observed her daughter/victim (PW-2) playing on the street outside her house. After sometime, the complainant observed that her daughter was not visible in the street. In her pursuit, the complainant arrived at the residence of the Appellant, a place her daughter frequently visited. After knocking persistently, she heard the victim's cries coming from the room. Upon continued knocking, the Appellant eventually opened the door. The complainant saw him hastily zipping his trousers, and also observed her daughter adjusting her payjami/pants. Upon asking the victim about the incident, she disclosed that the Appellant took off her clothes as well as his clothes and committed penetrative sexual assault upon her by inserting his penis in her vagina. On gaining this information, the complainant went to the house of the Appellant in search for him, however by that time, he had already fled away from there.