RAMAN SHUKLA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) In this appeal filed under Sec. 415(2) read with Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (the BNSS), the sole accused in Sessions Case No. 136/2020 on the file of the Additional Sessions Judge (Special Court - PoCSO), South District, Saket Courts Complex, New Delhi, assails the judgement dtd. 15/3/2024 and order on sentence dtd. 31/5/2024, as per which he has been convicted and sentenced for the offences punishable under Ss. 354, 354A, 376AB of the Indian Penal Code, 1860 (the IPC) and Sec. 5(m) read with 6 and Sec. 9(m) read with 10 of the Protection of Children from Sexual Offences Act, 2012 (the PoCSO Act).

(2.) The prosecution case is that on 10/5/2020, the accused, at his residence, namely, House No. 2nd/249, Third Floor, Madangir, New Delhi used criminal force upon PW1, a minor girl aged about 12 years with intent to outrage her modesty and committed aggravated sexual assault. This was followed by digital rape and rape on 14/5/2020 and rape/aggravated penetrative sexual assault on 15/5/2020 at the same premises. As per the chargesheet/ final report, the accused is alleged to have committed the offences punishable under Ss. 354, 376, 506 IPC and Ss. 4, 6, 8 of the PoCSO Act.

(3.) On the basis of Ext. PW1/A FIS/FIR of PW1, given on 19/5/2020, Crime no. 367/2020, Ambedkar Nagar Police Station, i.e., Ext. PX FIR was registered by PW7, Constable. PW9,Woman Sub-Inspector(WSI) 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. 24/10/2020 was submitted by PW9.