BOBY Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The present appeal under section 374(2) of the Code of Criminal Procedure (hereinafter referred as 'the Code') assails the judgment and order of conviction and order on sentence dated 31.08.2013 and 11.09.2013 respectively, in Sessions Case No. 25/13, titled as 'State vs. Boby', in FIR No. 479/12, whereby, the Ld. Additional Sessions Judge -01, North, Rohini Courts, Delhi, convicted the appellant under section 10 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and section 323 of the Indian Penal Code (IPC).

(2.) By way of order on sentence dated 11.09.2013, the appellant has been sentenced to undergo rigorous imprisonment for a period of 5 years along with a fine of Rs. 5000/ - (Rupees Five Thousand) in default of payment of fine to further undergo simple imprisonment for a period of 6 months for an offence under section 10 of POCSO Act. Further, the appellant has been sentenced to undergo rigorous imprisonment for a period of 6 months along with a fine of Rs. 1000/ - (Rupees One Thousand) and in default of payment of fine to further undergo simple imprisonment for a period of 2 months for offence under section 323 IPC. Both the sentences have been directed to run concurrently.

(3.) The facts as are relevant for the adjudication of the present appeal are stated as under: