MOHD. SAJID Vs. STATE

JUDGEMENT

(1.) Petitionunder Sec. 374 read with Sec. 482 Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.")has been filed by the Appellant/Mohd. Sajid @ Benam against Judgment dtd. 19/2/2020 vide which the Appellant has been convicted under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012(hereinafter referred to as "POCSO Act")&Ss. 506/34 of the Indian Penal Code, 1860(hereinafter referred to as "IPC")and Order on Sentence dtd. 20/2/2020 sentencing him to undergo Rigorous Imprisonment for 10 years with fine of Rs.5,000.00 and Simple Imprisonment for 3 years with fine of Rs.3,000.00, respectively.

(2.) It is a case where a 13 years old boy, is a victim to aggravated penetrativegangsexual assault by the Appellant along with co-accused, Chand and Arif (JCL).

(3.) On 25/1/2016, Child Victim 'A', aged about 13 years, gave a statement that on 24/1/2016 at about 10:00 PM he along with his friend Nitin, had gone to Haridas Vatika, Mubarakpur Road, Aman Vihar, Delhi to attend Jagranof Khatu Shyam ji. At about 03:00 AM, three boys came and asked him to come out as they wanted to have a conversation with him. They all took the victim from the backside of the pandal to one oil tanker, where they made him sit in the cabin of the truck. In the meanwhile, two other boys, aged about 18-20 and 25 years, came and pulled down his pants and committed anal sex and thereby sexually assaulted him. There was third boy aged about 18-20 years, who threatened the victim that in case he raised an alarm, he would be stabbed with the knife.In the meanwhile, his friend 'N' along with one uncle came looking for him and rescued him from the truck. However, all three assailants ran away from the other side of the truck.