PANKAJ Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) In this appeal filed under Ss. 415(2) and 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the appellant, the sole accused, in S.C. No. 932/2017 on the file of the Special Court under the Protection of Children from Sexual Offences Act, 2012, Tis Hazari Courts, Delhi, challenges the conviction entered, and sentence passed against him for the offences punishable under Ss. 354, 376(2)(i) of the Indian Penal Code, 1860 (the IPC) and Sec. 10 of the Protection of Children from Sexual Offences Act, 2013 (the PoCSO Act).

(2.) The prosecution case is that on 3/11/2017 between 07:30 PM and 08:00 PM near Sati Mandir, Aram Bagh, Paharganj, the appellant/accused committed rape/aggravated penetrative sexual assault on PW3 and PW4, who were aged about seven years and six years respectively. On the next day, i.e., 4/11/2017, a PCR call was received at Police Station Paharganj vide DD No. 14A, Ext. PW17/A, regarding the incident, pursuant to which PW17 and PW19, the Sub Inspectors, reached the aforesaid place where they met PW3 and PW4 as well as their parents. The accused was also present, as he was held by members of the public. The accused was handed over to the police. PW19 recorded the FIS of PW2, that is, Ex. PW2/A. Based on the same, Crime No. 329/2017 was registered, that is, Ex. PW5/A FIR by PW5 ASI. On completion of investigation, charge sheet/final report was submitted before the court by PW19 alleging the commission of the offences punishable under Sec. 376 IPC and Sec. 5 of the PoCSO Act. After receiving the FSL result, i.e., Ext. PW19/F, a supplementary charge sheet was also filed.

(3.) The accused on being produced before the trial court was served with copies of the chargesheet and the documents in compliance with Sec. 207 Cr.P.C.. As per order dtd. 9/1/2018, a charge under Sec. 376 IPC and Sec. 5 of the PoCSO Act was framed, read over and explained to the accused, to which he pleaded not guilty.