SHAMBHU Vs. STATE

JUDGEMENT

(1.) This appeal filed under Sec. 374(2) read with Sec. 383 of the Code of Criminal Procedure, 1970 (Cr.P.C.), by the sole accused in Sessions Case No. 7836/2016, on the file of the Additional Sessions Judge-05 (POCSO), South District, Saket Courts, New Delhi, assails the judgment dtd. 12/12/2019 and order on sentence dtd. 19/12/2019 as per which the accused has been convicted and sentenced for the offences punishable under Sec. 376(2) of the Indian Penal Code, 1860 (the IPC) and Sec. 6 of the Protection of Children from Sexual Offences, 2012 (the PoCSO Act).

(2.) The prosecution case is that, during the period of one year preceding 1/8/2016, at House No. 222-C, Second Floor, Shahpur Jat, New Delhi, the accused on several occasions committed penetrative sexual assault upon PW1, a minor girl aged about 11-12 years. It is further alleged that, during the said period, the accused criminally intimidated PW1 by threatening to kill her. Hence, as per the charge-sheet/final report, the accused was alleged to have committed the offences punishable under Ss. 376(2)(f) and (n), 506 IPC and Sec. 6 of the PoCSO Act.

(3.) On the basis of Ext. PW1/B FIS/FIR of PW1, given on 1/8/2016, Crime no. 603/2016, Hauz Khas police station, that is, Ext. PX FIR was registered by CW16, Sub-Inspector. PW8, Sub-Inspector (SI), was entrusted with the investigation of the case. On completion of the investigation into the crime, the chargesheet/final report was filed alleging the commission of the offences punishable under the aforementioned Sec. .