PREM SHANKAR Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present appeal is filed challenging the judgement of conviction dtd. 19/5/2023 (hereafter 'impugned judgement') and order on sentence dtd. 21/7/2023 (hereafter 'impugned order on sentence') passed by the learned Additional Sessions Judge ('ASJ'), (POCSO), Rohini Courts, Delhi,in Sessions Case No. 377/2017arising out of FIR No. 288/2017 dtd. 31/3/2017 registered at Samaipur Badli.

(2.) The learned ASJ by the impugned judgement, convicted the appellant for the offences under Sec. 376 (2)(i) of the Indian Penal Code, 1860 ('IPC') and Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO').

(3.) By the impugned order on sentence the appellant was sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of ?5,000/- for the offence under Sec. 376 (2)(i) of the IPC, and in default of payment of fine, to undergo simple imprisonment for a period of 5 days. The benefit of Sec. 428 of The Code of Criminal Procedure, 1973 ('CrPC'), has been granted to the appellant.