SUDARSHAN Vs. STATE

JUDGEMENT

(1.) In this appeal filed under Sec. 374(2) of Code of Criminal Procedure (the Cr.P.C.), the sole accused in SC No. 182 of 2014 on the file of the Additional Sessions Court, Rohini District Courts, New Delhi, assails the judgment dtd. 8/12/2015 as per which he has been convicted and sentenced for the offences punishable under Sec. 10 of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act).

(2.) The prosecution case, is that on 10/7/2014 at about 02:30 PM, at House No. B-337, Gali No. 2, Prem Nagar-III, Gauri Shankar Enclave, Delhi, the accused attempted to commit aggravated sexual assault on PW12, a minor girl aged approximately 4 1/2 years, by removing her underwear and climbing over her back with the intent to commit a wrongful act on her.

(3.) Based on Ext. PW11/A FIS/FIR of PW11, the mother of PW12, given on 10/7/2014, crime no. 730/2014, Aman Vihar Police Station, that is, Ext. PW1/A FIR was registered by PW1 Head Constable (HC) alleging commission of the offence punishable under Sec. 354 IPC. PW14 conducted investigation into the crime and on completion of the same filed the charge-sheet/final report alleging commission of offences punishable under Ss. 511, 354 and 376 IPC and Sec. 10 of the PoCSO Act.