D Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The present appeal under Sec. 415(2) read with Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short, 'BNSS') has been filed assailing the judgment of conviction dtd. 27/9/2023 and order on sentence dtd. 4/3/2024 passed by learned Additional Sessions Judge-04 (POCSO), South District, Saket Courts, New Delhi, whereby the appellant has been convicted in Sessions Case No. 7617/2016, arising out of FIR No. 1082/15, under Ss. 376/506 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 Ambedkar Nagar.

(2.) Vide the impugned judgment of conviction and order on sentence, the appellant was convicted for the offences punishable under Ss. 376(2)/506 of the IPC and Sec. 6 read with Sec. 5 of the POCSO Act and sentenced to rigorous imprisonment for 11 years along with fine of Rs.10,000.00 and in default of payment of fine, to undergo rigorous imprisonment of 30 days for the offence punishable under Sec. 6 of the POCSO Act. The appellant has also been sentenced to rigorous imprisonment for 3 years for the offence punishable under Sec. 506 of the IPC. Learned ASJ had also awarded compensation of Rs.5.00 Lakhs to the survivor under Delhi Victim Compensation Scheme, 2018.

(3.) Brief facts necessary for the adjudication of the present appeal are as under: -