KANHAIYA LAL 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. 977/2022 on the file of the Additional Sessions Judge (PoCSO), North-West, Rohini Courts, New Delhi, assails the judgement dtd. 15/5/2025 and order on sentence dtd. 17/5/2025, as per which he has been convicted and sentenced for the offences punishable under Sec. 9(m) read with Sec. 10 of the Protection of Children from Sexual Offences Act, 2012 (the PoCSO Act) and Ss. 354, 354A, 354B and 506 of the Indian Penal Code, 1860 (the IPC).

(2.) The prosecution case is that on 19/8/2022, between 07:00 PM and 08:00 PM, at C-35, Satsang Colony, WPIA, Ashok Vihar, Delhi, the accused committed penetrative sexual assault upon PW1, a minor girl aged about 6 years and further criminally intimidated her by threatening to beat her if she disclosed the incident to anyone. As per the charge sheet/final report, the accused is alleged to have committed the offences punishable under Ss. 376 and 506 IPC and Sec. 6 of the PoCSO Act.

(3.) On the basis of Ext. PW2/A FIS/FIR of PW2, given on 21/8/2022, Crime no. 711/2022, Ashok Vihar Police Station, i.e., Ext. PX1/1 FIR was registered by PW7, Woman Sub-Inspector(WSI). PW7conducted 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. .