DHARMENDER Vs. STATE

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dated 10.09.2015 and order on sentence dated 15.09.2015 arising out of Sessions Case No.110/13 arising out of FIR No.444/12 under Ss. 377/506 IPC and 6 of POCSO Act Police Station Alipur, Delhi whereby learned Additional Sessions Judge, North Rohini, New Delhi convicted the appellant for offences punishable under S. 6 of POCSO Act and under Ss. 377/506 IPC and sentenced to undergo rigorous imprisonment for a period of ten years alongwith fine of Rs5,000/ -; in default to undergo simple imprisonment for a period of one month for offence punishable under S. 6 of POCSO Act and rigorous imprisonment for a period of one year with fine of Rs.1,000/ -; in default to undergo simple imprisonment for a period of one month for offence punishable under S. 506 IPC. No separate sentence was awarded for offence punishable under S.377 IPC. The sentences were ordered to run concurrently and benefit of S. 428 Cr.PC was accorded to the convict. Further, as provided under S. 33(a) of POCSO Act, a sum of Rs.1 lac was granted as compensation to the victim.

(2.) The prosecution case, succinctly stated, is as under:

(3.) FIR in question was registered on the complaint of the victim N, a boy aged about 10 years alleging that on 18.12.2012 at about 4 PM, when he was playing on the roof of his house, the accused Dharmender came there and took him in his room. When the victim asked for water, the accused made him to drink soda. Accused closed the door of the room and switched off the light. Accused threatened the victim that if victim would raise alarm, he would be killed. Then, the accused removed pant of the victim forcibly and made the victim lie down on the bed. Accused inserted his penis in the anus of victim forcibly. Victim cried with pain. When accused got up to apply mustard oil, the victim escaped from the room. In the evening, when the mother of accused came, he narrated the whole incident to her. His mother told the incident to the neighbors and called at 100 number. Statement of victim was recorded and he was medically examined. He prayed for legal action against the accused.