ASHOK Vs. STATE

JUDGEMENT

(1.) In this appeal filed under Sec. 374(2) of the Code of Criminal Procedure, 1973 (Cr.P.C.), the sole accused in Sessions Case No. 81 of 2013 on the file of the Special Judge (POCSO), Additional Sessions Judge-07, West District, Tis Hazari Courts, Delhi, assails the judgment dtd. 23/8/2018 and order on sentence dtd. 25/8/2018, as per which he has been convicted and sentenced for the offences punishable under Sec. 376, Part-I of Sec. 506 of the Indian Penal Code, 1860 (IPC) and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (the PoCSO Act).

(2.) The prosecution case is that around 12:00 p.m. on 29/11/2012 at Prem Singh ka Makaan near the main Ranhola Bus Stand, Opposite Holy Convent Secondary School, New Delhi, the accused criminally intimidated PW2, a minor girl aged seven years, and committed aggravated penetrative sexual assault upon her. Hence, as per the charge-sheet/final report, the accused is alleged to have committed the offences punishable under Sec. 376(2)(f) IPC and Sec. 4 of the PoCSO Act.

(3.) On the basis of Ext. PW1/A FIR/FIS of PW1, given on 30/11/2012, crime no. 251/2012, Nihal Viharpolice station, that is, Ext. PW5/A was registered by PW5, Assistant Sub-Inspector. PW9, Women Sub-Inspector, conducted investigation into the crime and on completion of the same, filed the charge-sheet/final report alleging commission of the aforementioned offences.