GULFAM @ IMRAN Vs. NCT DELHI

JUDGEMENT

(1.) In this appeal filed under Sec. 374 read with 482 of the Code of Criminal Procedure, 1973 (the Cr.P.C.), the sole accused in Sessions Case No. 145/2016 on the file of the Additional Sessions Judge, North East District, Karkardooma Court, Delhi, assails the judgement dtd. 7/3/2018 and order on sentence dtd. 12/3/2018, as per which he has been convicted and sentenced for the offence punishable under Sec. 12 of the Protection of Children from Sexual Offences Act, 2012 (the PoCSO Act) and Sec. 354D of the Indian Penal Code, 1872 (the IPC).

(2.) The prosecution case is that on 28/8/2014 at 07:00 P.M., at Gali No. 2A, Shriram Colony, Delhi, the accused stalked and sexually harassed PW2, a minor girl, aged 17 years. Hence, as per the chargesheet/final report, the accused is alleged to have committed the offences punishable under Ss. 354D, 506 IPC, 8 and 12PoCSO Act.

(3.) On the basis of Ext. PW1/A FIS/FIR of PW1 given on 29/8/2014, Crime no. 918/2014, Khajuri Khas Police Station, i.e., Ext. PW1/A FIR was registered by PW1 Head Constable. PW10, Assistant 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. .