SHIVA Vs. STATE

JUDGEMENT

(1.) The present appeal under Sec. 374(2) read with Sec. 482 of the Cr.P.C. has been filed assailing the judgment of conviction dtd. 22/5/2023 and order on sentence dtd. 23/11/2023 passed by learned Additional Sessions Judge (FTSC)(POCSO)-01, Central District, Tis Hazari Courts, Delhi, whereby the appellant has been convicted in Sessions Case No. 575/2017 arising out of FIR No. 177/2017, under Ss. 363/376/323 of the Indian Penal Code, 1860, (for short, 'IPC') and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act'), registered at Police Station Kashmere Gate.

(2.) The appellant by way of the impugned judgment of conviction and order on sentence has been convicted for the offences punishable under Sec. 376 read with Ss. 323 and 363 of the IPC and Sec. 6 of the POCSO Act and vide the order on sentence dtd. 23/11/2023, the appellant was sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.10,000.00, in default of payment of fine, he was further sentenced to undergo simple imprisonment of 6 months for committing the offence of aggravated penetrative sexual assault punishable under Sec. 6 of the POCSO Act. Further, the appellant has been sentenced to undergo rigorous imprisonment for a period of 1 year for committing the offence punishable under Sec. 323 of the IPC. The appellant was also sentenced to undergo rigorous imprisonment for a period of 7 years, and to pay a fine of Rs.10,000.00, and in default of payment of fine, he was sentenced to undergo simple imprisonment of 6 months for committing the offence of kidnapping, punishable under Sec. 363 of IPC. Benefit of Sec. 428 of the Cr.P.C. was given to the appellant and all the sentences were directed to run concurrently.

(3.) The facts relevant for the purpose of present appeal are as follows: -