MOTI LAL Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) This appeal is directed against a judgment dated 25.04.2015 of learned Addl. Sessions Judge in Sessions Case No.111/2/2013 emanating from FIR No.395/2013 registered at PS Chhawla by which the appellant Moti Lal was held guilty for committing offence punishable under Section 10 of POCSO Act (In short 'Act'). By an order dated 19.05.2015, he was sentenced to undergo RI for five years with fine Rs. 10,000/-.

(2.) Briefly stated, the prosecution case as reflected in the chargesheet was that on 12.11.2013, at about 01.20 p.m. in Gali No.1, Qutub Vihar, Near Hanuman Chowk, the appellant made the prosecutrix 'X' (assumed name) aged around three years hold his penis in her hands.

(3.) On 12.11.2013, victim's mother Kiran had gone to take her elder daughter from her school. At about 01.20 p.m. when she returned to house, she noticed that the accused was sitting outside her house and 'X' was in his lap; he had made her to hold his penis in her hands. She immediately made a call at 100. The police arrived at the spot. The Investigating Officer after recording victim's mother Kiran's statement (Ex.PW-2/A) lodged First Information Report. 'X' was taken for medical examination. Victim's mother recorded her 164 Cr.P.C. statement.