DINESH Vs. STATE

JUDGEMENT

(1.) The present appeal is filed against the judgment dtd. 16/5/2023 (hereafter 'impugned judgment') and order on sentence dtd. 31/7/2023 (hereafter 'impugned order on sentence') passed by the learned Additional Sessions Judge ('ASJ'), Tis Hazari Courts, Delhi in New SC. No. 664/2017 arising out of FIR No. 321/2017 ('FIR').

(2.) By the impugned judgment, the learned ASJ convicted the appellant for the offences under Ss. 506 of the Indian Penal Code, 1860 ('IPC') and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act'). By the impugned order on sentence, the learned ASJ sentenced the appellant to undergo rigorous imprisonment for a period of 15 years and to pay a fine for a sum of ?10,000/- for the commission of the offence under Sec. 6 of the POCSO Act.

(3.) The FIR was registered on a complaint given by the father of the victim. The complainant resided with the widow of his brother 'Ms. G' and his children. It is alleged that on 17/5/2017 at about 5:00 PM when Ms. G returned home from work, she saw blood on the back side of the pajama of the victim. Upon asking, the victim alleged that while he was taking a bath, the appellant who resided in the adjacent jhuggi caught hold of the victim and took him to his jhuggi. It is alleged that thereafter the appellant forcefully inserted his penis in the anus of the victim and also threatened him of dire consequences should the victim disclose about the incident to anyone. Thereafter, Ms. G telephoned the complainant who then came home and made a call at 100 number.