RAJESH Vs. STATE

JUDGEMENT

(1.) In this appeal filed under Sec. 374(2) read with Sec. 383 of the Criminal Procedure Code, 1973 (the Cr.P.C.), the sole accused in Sessions Case No.787/2017 on the file of the Additional Sessions Judge (POCSO), Dwarka Courts, New Delhi, assails the judgement dtd. 20/7/2019 and order on sentence dtd. 23/7/2019, as per which he has been convicted and sentenced for the offence punishable under Sec. 6 read with 5(l) & (n) of the Protection of Children from Sexual Offences Act, 2012, (the PoCSO Act).

(2.) The prosecution case is that during the period from April 2016 till the intervening night of 25/6/2017-26/6/2017 at D-32, Sewak Park, Dwarka Mor, Delhi, the accused repeatedly committed penetrative sexual assault on PW1, his daughter.

(3.) Based on Exhibit PW1/A FIS of PW1, dtd. 26/6/2017, Crime No.423/2017, Bindapur Police Station, that is Ext. PW11/A, FIR was registered by PW11, Head Constable (HC). PW18, Sub-Inspector conducted investigation into the crime and on completion of the same, filed the charge-sheet/ final report alleging commission of offences punishable under 376 and 506 of the Indian Penal Code, 1806 (the IPC) and under Sec. 6 of the PoCSO Act.