MURSHID Vs. STATE NCT

JUDGEMENT

(1.) The present appeal has been preferred to assail and set aside the impugned judgment of conviction dtd. 11/2/2020 and order on sentence dtd. 20/2/2020. Vide the impugned judgment, the appellant stands convicted for the offence punishable under Sec. 6 of POCSO Act, 2012 and Sec. 376(2)(i) IPC. He was sentenced to undergo Rigorous Imprisonment (RI) for 10 years and fine of Rs.1500.00 for offence punishable under Sec. 6 of POCSO Act and in default whereof, he was to undergo Simple Imprisonment (SI) for a period of two months. The benefit of Sec. 428 was also extended to the appellant.

(2.) The criminal investigation proceeded in the context of an incident that statedly occurred on 31/8/2013 at about 12.30 P.M. The first information about the incident came to be recorded through DD no.27A (Ex. PW11A) regarding commission of rape of a minor girl. FIR No. 327/2013 (Ex. PW4/A) under Ss. 376/377/342 IPC came to be registered at PS. Jait Pur on the statement of the mother of the child victim, who stated that her daughter was playing in the gali when she heard her crying. She came outside the house to find the child victim weeping and saw blood on her left leg. On further probe, she found blood coming out of her anus. On being inquired, her daughter disclosed that one bhaiya had called her inside his room, bolted the door and thereafter removed his undergarment as well as her undergarment. He inserted his penis into her anus on which she felt pain and started crying. Thereafter, the said bhaiya had left. The name of that accused bhaiya was later revealed as Murshid i.e., the present appellant.

(3.) On chargesheet being filed, charges were framed against the appellant under Sec. 6 of POCSO Act read with Sec. 376(2)(i) IPC to which he pleaded not guilty and claimed trial.