BABLU MANDAL Vs. STATE

JUDGEMENT

(1.) An application has been preferred on behalf of the appellant under Sec. 389 of the Code of Criminal Procedure, 1973 ('Cr.P.C') for suspension of sentence in FIR No. 12/2013 for offences under Ss. 366/376/506/34 IPC and Sec. 6 of the POCSO Act registered at PS : Gandhi Nagar, Delhi during the pendency of the appeal.

(2.) Appellant was convicted vide judgment dtd. 29/1/2020 and sentenced vide order dtd. 4/2/2020 to undergo Rigorous Imprisonment (RI) for Seven years and fine of Rs.6,000.00 for offence punishable under Sec. 366 IPC (in default of payment of fine to undergo SI for 1 month); RI for One year and fine of Rs.1,000.00 for offence punishable under Sec. 506 IPC (in default of payment of fine to undergo SI for 10 days); RI for 12 years and fine of Rs.10,000.00 for offence punishable under Sec. 6 of the POCSO Act (in default of payment of fine to undergo SI for 02 months). Benefit of Sec. 428 Cr.P.C was also given to the appellant.

(3.) Learned counsel for the appellant submits that prosecution has failed to prove the age of the victims since PW-6 Nathni Yadav Nutan, Principal of the concerned school, in her statement deposed that against the entry No.205 and entry No.315 under the name of Victims some initials have been put and white fluid has been used in the name. It is also urged that, the learned Trial Court had observed that perusal of Ex.PW-6/B reflects that different inks were used in mentioning the names of the parents and date of birth. Contradictions are also pointed out in statements of material witnesses.