VEERPAL Vs. STATE

JUDGEMENT

(1.) An appeal has been preferred by the appellant/convict under Sec. 374(2) of Code of Criminal Procedure, 1973 (Cr.P.C.) challenging the judgment and order on sentence dtd. 9/1/2023 and 16/1/2023 respectively passed by learned Additional Sessions Judge, Special Court POCSO, Saket Court, New Delhi in Session Case No.2781/2016, FIR No.529/2016 under Sec. 376/354/506/509 IPC and Sec. 8/10 of POCSO Act, PS: Jaitpur, Delhi.

(2.) In brief, as per the case of the prosecution, a written complaint was given by the victim/prosecutrix 'R' (name withheld) aged about 12 years on 16/9/2016 alleging that she is living with her grandmother, uncle and aunty {i.e. chacha (O) and chachi (M) (i.e.sister of appellant)} since her father had expired. Appellant Veerpal @ Titu who is brother of her chachi (M), used to visit their house and teach her wrong things. On 10/9/2016, when the appellant came to their house, she went to meet him in the room of her chachi (M). After some time, when her chachi (M) went to bathroom, the appellant started kissing her and pressed her chest. She somehow released herself from his clutches and ran away. In the evening at the time of going to his house, appellant threatened to kill her in case she made any complaint against him. She remained upset for many days and disclosed the incident on asking by her grandmother on 16/9/2016. FIR was accordingly registered under Sec. 354/509/506 IPC and Sec. 8/10 of POCSO Act.

(3.) Charge-sheet was presented after completion of investigation and charge was framed against the appellant for offences punishable under Sec. 506 IPC and Sec. 6/10 POCSO Act, 2012. Appellant pleaded not guilty to the same and claimed trial.