BHAGWAN DASS Vs. STATE

JUDGEMENT

(1.) Aggrieved by a judgment dated 22.04.2014 of learned Additional Sessions Judge in Sessions Case No.70/2013 arising out of FIR No.32/2013, Police Station D.B.G. Road by which the appellant Bhagwan Dass @ Ram Khiladi was convicted under Section 292 (2) (a)/ 354 IPC and under Section 10 of the POCSO Act, he has filed the instant appeal.

(2.) Allegations against the appellant, as projected in the chargesheet were that on 27.01.2013 at around 4:30 p.m. in the area of Punjabi Basti, Bhagat Singh Nagar Gali falling within the jurisdiction of PS DBG Road, he showed obscene film on his mobile to the victim 'X' (assumed name), aged around six years and committed aggravated sexual assault upon her. The appellant also outraged her modesty. Police machinery was set in motion when information about the occurrence was conveyed to the police at around 4:52 p.m. and Daily Dairy (DD) No.15 (Ex.PW-7/A) was recorded at 04:55 p.m. at Police Post Shiv Puri Police Station DBG Road.

(3.) I have heard the learned counsel for the parties and have examined the file. The occurrence took place at around 04:30 p.m. The information to Police Control Room was transmitted at 16:52:32 hours. It records that an individual who had shown the blue film to children was apprehended at the spot. At 17:11:45 hours, it records that the said person was beaten by the public. Daily Dairy No.15 (Ex.PW-7/A) recorded at 4:55 p.m. 'X' was taken for medical examination at 11:10 p.m. The alleged history recorded therein describes the details of the occurrence.