SUSHIL YADAV Vs. STATE

JUDGEMENT

(1.) The present appeal under Sec. 374 (2) Code of Criminal Procedure, 1973 ('CrPC') has been filed assailing the judgment of conviction and order on sentence dtd. 24/12/2016 and 10/7/2017 respectively, passed by the learned ASJ-01, South West District, Dwarka Courts, New Delhi, in SC No. 85/2/13 arising out of FIR No. 66/2013 registered at P.S. Najafgarh. The appellant has been convicted for the commission of the offences punishable under Ss. 366 of the Indian Penal Code, 1860 ('IPC') and 6 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act'). The appellant was sentenced to undergo rigorous imprisonment for 6 years for the offence punishable under Sec. 366 of the IPC alongwith a fine of Rs.5,000.00and in default of payment of fine, further simple imprisonment for 01 month. The appellant has also been sentenced to undergo rigorous imprisonment for 12 years for the offence punishable under Sec. 6 read with Sec. 5(m) of the POCSO Act alongwith a fine of Rs.10,000.00 and in default of payment of fine, further simple imprisonment for 02 months.

(2.) The brief facts, necessary for the disposal of the present appeal, are as under:

(3.) Learned counsel appearing on behalf of the appellant submitted that the prosecution has not brought on record anything that could sufficiently prove that the child victim was kidnapped by the appellant thereby leading to conclusion that he had committed the offence punishable under Sec. 366 of the IPC. He further submitted that the appellant was not put any question during his examination under Sec. 313 of the Cr.P.C. as to the recovery of the child victim from his custody that could point out towards the complicity of the appellant for the commission of offence punishable under Sec. 366 of the IPC.