ISLAM Vs. STATE (GOVT. OF NCT) DELHI

JUDGEMENT

(1.) This appeal under Ss. 374(2) Cr.P.C. and 415 of the BNSS has been filed by the accused in SC No. 2278/2016 on the file of the Special Court under the Protection of Children from Sexual Offences Act, 2012 (PoCSO Act), South-East, Saket Courts, New Delhi challenging the judgment dtd. 10/7/2024, as per which he has been convicted and sentenced for the offences punishable under Ss. 363, 342, 506 IPC and Sec. 6 of PoCSO Act.

(2.) The prosecution case is that about 5 to 6 days before 11/5/2015, the accused kidnapped PW1, a minor girl aged 8 years, from lawful guardianship, took her to his room, confined her there and committed penetrative sexual assault on her. The accused is also alleged to have threatened PW1 with dire consequences in the event she revealed the incident to others. Hence, as per the final report/ chargesheet, the accused is alleged to have committed the offences punishable under Ss. 363, 342, 506 IPC and Sec. 6 of the PoCSO Act.

(3.) Based on Ext. PW1/A, First Information Statement (FIS) of PW1, recorded on 11/5/2015, crime 316/2015, Sunlight Colony Police Station, i.e. Ext. P2 FIR was registered by PW 14, Women Sub-Inspector. PW14, the Sub-Inspector, conducted the investigation to the crime and on completion of the same, submitted the chargesheet/ final report against the accused alleging the commission of the offences punishable under the above mentioned Sec. .