STATE Vs. PAWAN

JUDGEMENT

(1.) The captioned Criminal Leave Petition has been filed, seeking conviction of the respondent for the offences punishable under Sec. 6 of Protection of Children from Sexual Offences Act, 2012 ["POCSO Act"] and Sec. 376 of the Indian Penal Code, 1860 ["IPC"], and for setting aside the impugned judgment passed by the learned Trial Court in SC No. 692/2017, FIR No. 257/2016, registered at Police Station Kalyan Puri, under Sec. 6 of POCSO Act and under Sec. 376 IPC, whereby the learned Trial Court has acquitted the respondent of the aforesaid offences, while convicting him under Sec. 10 of the POCSO Act.

(2.) Vide judgment dtd. 2/11/2021, the learned Trial Court held the respondent guilty and convicted him for the offence under Sec. 10 of the POCSO Act. However, he was acquitted for the offences punishable under Sec. 6 POCSO Act and Sec. 376 IPC. Subsequently, vide Order on Sentence dtd. 21/12/2021, the respondent was sentenced to undergo Rigorous Imprisonment for a period of 5 years and pay a fine of Rs.5,000.00 for the offence punishable under sec. 10 POCSO Act, and in default of payment of fine, he was directed to undergo Simple Imprisonment for a period of one month.

(3.) The Criminal Leave Petition has been filed with a delay of 541 days. The learned Additional Public Prosecutor ["APP"] for the State submitted that the delay occurred on account of the procedural and administrative movement of the file through various departments, including the office of the Chief Prosecutor, Director of Prosecution, Law Department, Office of Chief Secretary and the Office of the Hon'ble Lt. Governor, for obtaining the requisite approvals. It was submitted that the concerned learned APP, who was marked the case, was also on a medical leave for a substantial period, which contributed to the delay. It was submitted that the delay was neither intentional nor deliberate, and that grave prejudice would be caused if the matter is not heard on merits, and is dismissed just on technical grounds, particularly when the impugned judgment suffers from serious infirmities affecting the administration of justice.