BITTU @ RAJESH Vs. STATE

JUDGEMENT

(1.) In this appeal filed under Sec. 374(2) of the Code of Criminal Procedure, 1973, (the Cr.P.C.) the appellant, the sole accused, in S.C. No. 43/15 on the file of the learned Additional Sessions Judge-01, Rohini Courts, New Delhi, challenges the judgement dtd. 4/1/2017 and the order on sentence dtd. 9/1/2017 as per which, he has been convicted and sentenced for the offence punishable under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (the PoCSO Act) and Sec. 506 of the Indian Penal Code, 1860 (the IPC).

(2.) The prosecution case is that the appellant/accused intimidated PW2 and committed repeated acts of penetrative sexual assault on her inside their house at Village Ladhpur, Delhi, about 7-8 months prior to 3/2/2015. Due to the assault, PW2 conceived.

(3.) On the basis of Exhibit PW2/AFIS of PW2, given on 3/2/2015, Crime No. 97/2015, Kanjhawala Police Station, i.e., Ex. PW1/A, FIR was registered by PW1, SHO. PW7 conducted investigation into the crime and on the completion of the same, filed the charge-sheet/final report alleging commission of the offences punishable under Ss. 376(2)(f), 377, 506 IPC and Sec. 4 of the PoCSO Act.