LAL KUMAR Vs. STATE

JUDGEMENT

(1.) The instant appeal has been filed by the appellant Lal Kumar challenging the impugned judgment dated 27th June, 2014 whereby the appellant has been convicted for the offence punishable under Section 354B IPC and Section 10 Prevention of Children from Sexual Offences Act, 2012 (in short 'POCSO Act') in FIR No.258/2013 registered at PS Naraina, Delhi and the order on sentence dated

(2.) nd July, 2014 directing him to undergo Rigorous Imprisonment for a period of five years and to pay a fine of Rs.1,000/ - for the offence under Section 10 of POCSO Act. 2. The prosecution case is that on 20th November, 2013 around 11.30 AM the prosecutrix aged about six years along with her sister and one more girl went outside her house at Jhuggi Railway Station, Brar Square, Delhi Cantt to ease themselves in the open field nearby. Appellant Lal Kumar who was present nearby was staring at the girls when they were easing out. Suddenly he picked up the eldest of the three girls, that is, the prosecutrix and after gagging her mouth started running away. The two other girls started screaming which attracted the attention of Chot Mal PW -2, who was running a tea stall nearby. He along with five six other public persons ran towards the accused, caught hold of the appellant and rescued the prosecutrix from his clutches. In the meantime Smt.Nirmala PW -3, the mother of the prosecutrix also came. PW -3 called the police at 100 number which was recorded vide DD No.14A whereafter W/SI Dhara Mishra, PW -4 reached the spot and recorded the statement of Smt.Nirmala, PW -3. On the statement of PW -4, rukka was sent for registration of FIR.

(3.) Charged for offences punishable under Section 354B IPC and Section 10 POCSO Act, the appellant faced trial wherein the prosecution examined four witnesses i.e. the prosecutrix PW -1, Chot Mal PW -2, Nirmala PW -3 and WSI Dharma Mishra PW -4.