HAJI MUL @ DANISH Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) THE instant appeal filed by the appellant Haji Mul @ Danish impugns the judgment dated 27.07.2013 of learned Additional Sessions Judge -01, (Central) Delhi in Sessions Case No. 63/13 arising out of FIR No. 16/2013, P.S. Jama Masjid by which he was held guilty for committing offences punishable under Sections 354/509/341 IPC read with Section 8 of the POCSO Act. By an order dated 29.07.2013, he was awarded various prison terms with fine.

(2.) ALLEGATIONS against the appellant as reflected in the Charge -sheet were that on 20.02.2013, he was arrested while doing badtamazi with the victim 'X' aged about 12 years. Both of them were brought to the Police Station. The statement of Victim 'X' was recorded as Ex.PW2/A. She informed that on that day at about 12.50 P.M., she was going to main gate No. 3 of the Jama Masjid to search her younger brother. When she reached near fire brigade vehicle, she was caught hold by one person who pressed her mouth and pulled her towards the wall and pressed her breast and also caught her by her private part. When she tried to get rid of herself, police officials came there and rescued her. During investigation, statement of witnesses conversant with the facts were recorded. Prosecution examined seven witnesses to establish the appellant's guilt. In 313 Cr.P.C. statement, the appellant denied his involvement in the crime and alleged false implication. The trial resulted in his conviction as aforesaid. Being aggrieved and dissatisfied, the appeal has been preferred by the appellant.

(3.) DURING the course of arguments, learned counsel for the appellant, on instructions, stated at Bar that the appellant has opted not to challenge the findings recorded by the trial court. He, however, prayed to take lenient view as the appellant has remained in custody for substantial period and he is not a previous convict. The learned Additional Public Prosecutor has no objection to consider the mitigating circumstances.