NIRMAL KUMAR Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) In this appeal filed under Sec. 374(2) read with Sec. 482 of the Criminal Procedure Code, 1973 (the Cr.P.C.), the sole accused in Sessions Case No. 588/2022 on the file of the Additional Sessions Judge (PoCSO) North West, Rohini District Courts, Delhi, assails the judgement dtd. 12/12/2024 and order on sentence dtd. 22/7/2024, as per which he has been convicted and sentenced for the offences punishable under Ss. 366, 363 and 376(2)(n) of the Indian Penal Code, 1860 (the IPC) and Sec. 5 (l) read with 6 of the Protection of Children from Sexual Offences Act, 2012 (the PoCSO Act).

(2.) The prosecution case is that on 5/3/2022, at about 02:00 PM, the accused kidnapped PW1, a minor girl aged about 15 years, out of the keeping of the lawful guardian with the intent to force or seduce her into illicit intercourse, took her to the house of his brother at Haridwar, where he repeatedly committed aggravated penetrative sexual assault/ rape on her. Hence, as per the chargesheet/ final report, the accused is alleged to have committed the offences punishable under the abovementioned Ss. .

(3.) On the basis of Ext. PW2/A FIS/FIR of PW2, given on 5/3/2022, Crime no. 204/2022, Budh Vihar Police Station, i.e., Ext. PX1/A FIR was registered by PW4, Sub-Inspector. PW6 Sub-Inspector conducted 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. .