MANOJ Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The present appeal seeks to assail the judgment of conviction rendered on 26/4/2018 and order on sentence dtd. 4/5/2018 vide which the appellant was convicted for the offence punishable under Sec. 376 IPC and sentenced to undergo RI for 7 years along with payment of fine of Rs.20,000.00, in default whereof he would undergo SI for 6 months. It was directed that the fine amount shall go to the victim as compensation. The Trial Court further directed that benefit of Sec. 428 Cr.PC be granted to the appellant.

(2.) The facts in a nutshell are that DD No.12A came to be recorded on 24/12/2012 on the information from St. Stephen Hospital that an unmarried girl had given birth to a female child, who was declared dead. During investigation, statement of the victim was recorded, resulting in registration of the FIR. In her statement, the victim alleged that on 13/3/2012, there was a marriage function of her uncle. When she came back from tuition and had gone to her second floor to fetch a bucket, the appellant, who was the erstwhile tenant of her paternal grandfather, administered something to her due to which she lost consciousness. When she regained her consciousness, she realized that the appellant had committed wrong act with her. However, she did not disclose the incident to her mother. On 24/12/2012, as she was having stomach ache, she was brought by her parents to the family guru where a lady advised them to go to the hospital. She was taken to the hospital where she gave birth to a dead female child.

(3.) The exhibits seized were sent for forensic examination, chargesheet came to be filed and charges were framed under Sec. 376 IPC and Sec. 6 POCSO Act to which appellant pleaded not guilty and claimed trial.