RAMSANJIVAN Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The present appeal is filed against the judgment dtd. 14/10/2022 (hereafter 'impugned judgment') and order on sentence dtd. 25/3/2023 (hereafter 'impugned order on sentence') passed by the learned Additional Sessions Judge ('ASJ'), North West, Rohini, Delhi in SC No. 53351/2016 arising out of FIR No. 224/2016 ('FIR').

(2.) By the impugned judgment, the learned ASJ convicted the appellant for the offences under Ss. 6 and 8 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act') and Sec. 506 of the Indian Penal Code, 1860 ('IPC'). By the impugned order on sentence, the learned ASJ sentenced the appellant to undergo rigorous imprisonment for a period of 12 years and to pay a fine for a sum of Rs.12,000.00 and in default of payment of fine to undergo imprisonment for a period of 02 months for the offence under Sec. 6 of the POCSO Act. The appellant was also directed to undergo rigorous imprisonment for a period of 5 years and to pay a fine for a sum of Rs.5,000.00 and in default of payment of fine to undergo simple imprisonment for a period of 01 month for the offence under Sec. 8 of the POCSO Act. The appellant was also directed to undergo rigorous imprisonment for a period of 3 years and to pay a fine of Rs.3,000.00 and in default of payment of fine to undergo simple imprisonment for a period of 15 days for the offence under Sec. 506 of the IPC.

(3.) Succinctly stated, the FIR was registered on a complaint given by the mother of the prosecutrix. A PCR call vide DD No. 14A was received at Police Station Ashok Vihar on 27/4/2016 from the Manager of the School on the basis of which the police reached the school of the prosecutrix. At that time, the prosecutrix, her mother, her father and the school staff members were already present in school.