SHAHID ALI Vs. STATE

JUDGEMENT

(1.) The instant appeal has been filed by the appellant Shahid Ali challenging the impugned judgment dated 30th May, 2015 whereby he has been convicted for the offences punishable under Section 366 IPC and Section 10 Prevention of Children from Sexual Offences Act, 2012 (in short 'POCSO Act') in FIR No.482/2013 registered at PS Vasant Vihar and the order on sentence dated 2nd June, 2015 directing him to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.5,000/ - for the offence punishable under Section 366 IPC and rigorous imprisonment for a period of five years and to pay a fine of Rs.5,000/ - for the offence punishable under Section 10 of POCSO Act.

(2.) The prosecution case is that on 27th October, 2013 around 1:25 PM, DD No.16A was received informing that a boy who was doing 'galat kaam' with a girl, has been caught at House No.46, Poorvi Marg. On receipt of DD No.16A, W/SI Asha Singh, PW -7 reached the spot where SI Nand Kishore and Constable Murari Lal were already present. She made inquiry from the mother of the prosecutrix. As the prosecutrix was unable to speak and listen, she recorded the statement of the mother of the prosecutrix.

(3.) Smt.Vinod, PW -6 mother of the prosecutrix stated that she resides in the DDA Park, Vasant Kunj along with her husband and two children and used to do gardening in the park. She further stated that her husband is physically challenged and the prosecutrix, aged 8 years, is her younger child who is deaf and dumb. On the day of the incident, the prosecutrix was playing in the park. At around 1.00 PM when she returned to the park after buying the medicine, she saw a crowd in the park. When she went towards the crowd, she saw the prosecutrix and a man aged 22 -23 years, whose name was revealed as Shahid Ali. Rajesh, PW -1 informed her that Shahid Ali was taking away the prosecutrix by gagging her mouth, to the bushes with the intent of doing a wrongful act. On seeing Rajesh, PW -1, Shahid Ali started running. Thereafter Rajesh called the security officers posted near the Embassy of Israel and with the help of Hawaldar Satyadev Tiwari, PW -2, Constable Surender Kumar, PW -3 and Constable Sonu Kumar Tomar, Shahid Ali was apprehended. She verified the facts with the prosecutrix in sign language who confirmed that Shahid Ali had taken her to the bushes by gagging her mouth with the intention of doing sexual assault/harassment.