KARTIK Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) In this appeal filed under Sec. 415(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (the BNSS), the sole accused in Sessions Case No. 727/2018 on the file of the Additional Sessions Judge (Special Court - PoCSO), South District, Saket Courts Complex, Delhi, assails the judgement dtd. 19/9/2024 and order on sentence dtd. 16/10/2024, as per which he has been convicted and sentenced for the offences punishable under Ss. 376(2)(n) and 174A of the Indian Penal Code, 1860 (the IPC) and Sec. 5 (j)(ii) and (l) read with 6 of the Protection of Children from Sexual Offences Act, 2012 (the PoCSO Act).

(2.) The prosecution case is that in the month of September 2017 and on 5/11/2017, the accused committed repeated penetrative sexual assault/ rape upon PW1, a minor aged about 17 years and 08 months as a result of which, she became pregnant. Further, the accused failed to appear before the trial court on 20/7/2018 as required by the proclamation published on 19/6/2018, following which the accused was declared a proclaimed offender on 1/9/2018. Hence, as per the chargesheet/ final report, the accused is alleged to have committed the offences punishable under Ss. 363, 376, 174A IPC and 6 PoCSO.

(3.) On the basis of Ext. PW10/A FIS/FIR of PW10, given on 26/2/2018, Crime no. 204/2022, Ambedkar Nagar Police Station, i.e., Ext. PX FIR was registered by Dharam Pal Singh, Head Constable. PW3 Sub Inspector conducted investigation into the crime and on completion of the same, filed the chargesheet/final report alleging commission of the offences punishable under the aforementioned Ss. . Thereafter, supplementary charge sheet dtd. 31/5/2019 and 24/2/2022 were submitted by PW9 and PW14.