RAJESH GAMBHIR Vs. STATE GNCT OF DELHI

JUDGEMENT

(1.) The appellant has preferred the present appeal to assail the judgment dtd. 26/3/2024 and the order on sentence dtd. 2/12/2024 [hereafter ' impugned judgment and order '], passed by the learned Additional Sessions Judge-01, POCSO, North-West, Rohini Courts, Delhi [hereafter ' Trial Court'] in SC No. 53654/16. The said case arose out of FIR No. 456/2016, registered on 23/9/2016 at Police Station Ashok Vihar, Delhi, for the commission of offences punishable under Ss. 354A, 354D, 509 and 506 of the Indian Penal Code, 1860 [hereafter 'IPC'] and Ss. 67 and 67A of the Information Technology Act, 2000 [hereafter 'IT Act'].

(2.) By way of the impugned judgment, the appellant was convicted for offences under Ss. 354A(iii), 354D, 509, and 506 of the IPC; Ss. 67 and 67B of the IT Act; and Ss. 11(v)/12 and 13/14 of the Protection of Children from Sexual Offences Act, 2012 [hereafter 'POCSO Act']. Vide the impugned order on sentence, he was awarded sentence of rigorous imprisonment for a period of 03 years for the offence punishable under Sec. 12 of POCSO; rigorous imprisonment for a period of 01 year for the offence punishable under Sec. 506 of IPC; rigorous imprisonment for a period of 05 years for the offence punishable under Sec. 14 of POCSO Act; and rigorous imprisonment for a period of 05 years for the offence punishable under Sec. 67B of the IT Act. All the sentences were directed to run concurrently.

(3.) The prosecution was set in motion pursuant to a complaint dtd. 22/9/2016 lodged by the mother of the minor victim 'VG', a Class IX student. It was alleged that the victim VG had received vulgar and obscene images on her mobile phone, which bore the number 96XXXXX55, through WhatsApp messages sent from mobile number 7834891235. The images were disturbing in nature, i.e. her face had been morphed onto the nude body of another person. Accompanying these images was a threatening message warning that if she did not comply with the sender's demands, the obscene content would be uploaded on Facebook and circulated over the Internet. Based on this complaint, FIR No. 456/2016 was registered, and investigation commenced.