PREM PRAKASH Vs. STATE

JUDGEMENT

(1.) The present appeal under Sec. 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "Cr.P.C") has been preferred against judgment of conviction dtd. 17/5/2014 (hereinafter referred to as the "impugned judgment") and against order on sentence dtd. 22/5/2014 (hereinafter referred to as the "impugned order on sentence") passed by the learned ASJ, Rohini Courts, Delhi (hereinafter referred to as the "Trial Court") in Sessions Case bearing no. 75/2013 arising out of the FIR bearing no. 192/2013, registered at P.S. Sultan Puri, Delhi.

(2.) The appellant vide the impugned judgment was convicted for the offence under Sec. 9(m) of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the "POCSO"). The appellant vide the impugned order on sentence was sentenced to undergo Rigorous Imprisonment for a period of 05 years under Sec. 10 of POCSO, alongwith a fine of Rs.1,000.00, and in default of payment of fine, the appellant was sentenced to further undergo Simple Imprisonment for a period of 01 month.

(3.) The case of the prosecution, in brief, is that on 9/3/2013 at about 1:00 PM, the victim, aged about 05 years, was alone in her house. Her father was watching television in a nearby room of his neighbour. Taking advantage of the fact that the victim was alone in her room, the appellant, who was the son of Landlord of parents of the victim, committed penetrative sexual assault upon the victim. The father of the victim, namely, Sh. Pardesi Das heard her cries and rushed to the room in which the victim had been playing and saw that the appellant had removed underwear of the victim and had also opened the chain of his pants and was lying down on the victim. On seeing the father of the victim, appellant ran away from there. On the statement of the father of the victim, the FIR was registered. The victim was thereafter taken to the SGM Hospital for medical examination. The statement of the victim was got recorded under Sec. 164 Cr.P.C. The appellant was arrested.