ALAUDDIN Vs. STATE

JUDGEMENT

(1.) This appeal under Sec. 374(2) read with Sec. 482 of the Code of Criminal Procedure, 1973(the Cr.PC) has been filed by the first accused (A1) in S.C No. 09/2017 on the file of the Special Court under the Protection of Children from Sexual Offences Act, 2012,(the PoCSO Act) Karkardooma, North East District, Delhi, assailing the judgment dtd. 5/2/2018 as per which he has been convicted of the offences punishable under Sec. 10 of the PoCSO Act and Sec. 506 Part II of the Indian Penal Code, 1860 (the IPC). The second accused (A2) has been acquitted by the trial court.

(2.) The case of the prosecution is that two months before 17/10/2016, A1 and A2 wrongfully confined PW1 to 3 in a room in house No. C-1/133, Rahul Gujjar ka Makan, Gali No.9, Sonia Vihar, Delhi and subjected them to penetrative sexual assault and then threatened them with dire consequences in case they revealed the incident to others. As per the charge sheet/final report, the accused persons are alleged to have committed the offences punishable under Ss. 342, 376, 506 read with Sec. 34 IPC and Sec. 6 of the PoCSO Act.

(3.) Crime No. 354/2016, Khajuri Khas, Police Station, that is Ext PW4/2 FIR, was registered by PW4, ASI, Sonia Vihar, Police Station, based on Ext PW1/PA FIS dtd. 17/10/2016 of PW1, one of the victims. PW11 the Sub Inspector, conducted the investigation into the crime, and on completion of the same filed the charge sheet/final report alleging commission of the offences punishable under the above mentioned Sec. .