ARMAAN ALAM Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) By way of the present appeal, the appellant seeks setting aside of the judgment dtd. 7/12/2024 and order on sentence dtd. 31/1/2025 [hereafter " -impugned judgment and order'], passed by the learned Additional Sessions Judge (FTSC)(POCSO)-02, West, Tis Hazari Courts, Delhi [hereafter " -Trial Court'] in Sessions Case No. 111/2020, arising out of FIR No. 841/2019, registered at Police Station Nihal Vihar, Delhi for the commission of offence punishable under Sec. 10 of the Protection of Children from Sexual Offences Act, 2012 [hereafter " -POCSO Act'].

(2.) Pithily put, the facts of the present case are that on 16/12/2019 at about 05:00 PM, the victim child, aged about 14 years, had gone to a nearby shop to buy eatables, when she had allegedly been inappropriately touched on her chest by the accused, who had been standing outside the said shop. The victim had returned home without buying anything and had narrated the incident to her mother. Her mother had immediately gone to the shop and confronted the accused; however, he had entered into an argument with her and had left the spot thereafter. The mother of the victim child had then informed her husband about the incident, who, upon reaching home, had called the police at number 100. The said information had been recorded at P.S. Nihal Vihar vide DD No. 70-A. Pursuant thereto, inquiry had been conducted. During the course of investigation, the statement of the mother of the child had been recorded, as the child had been stated to be too frightened to narrate the incident herself. On the basis of the statement of the mother of the victim, the present FIR had been registered.

(3.) During the course of investigation, the statement of the victim child under Sec. 164 of Cr.P.C. was recorded wherein she categorically alleged that the accused Armaan, who used to live in another lane, had pressed her chest when she had visited the nearby shop to buy something to eat. The accused was subsequently arrested. During investigation, the age proof of the victim child, i.e. MCD Birth Certificate was collected as per which her date of birth was 25/12/2004. After completion of investigation, the chargesheet was filed for commission of offence under Sec. 354 of the Indian Penal Code, 1860 [hereafter " -IPC'] and Sec. 10 of the POCSO Act.