RAM SINGH Vs. STATE

JUDGEMENT

(1.) Challenge in this appeal is a judgment dated 22.12.2014 of learned Addl. Sessions Judge in Sessions Case No.42/2013 arising out of FIR No. 43/2013 PS Shalimar Bagh by which the appellant - Ram Singh was held guilty for committing offences punishable under Section 10 POCSO Act and Section 342 IPC. By an order dated 23.12.2014, the appellant was sentenced to undergo RI for seven years with fine Rs. 5,000/- under Section 10 POCSO Act and RI for one year under Section 342 IPC. The sentences were to operate concurrently.

(2.) Briefly stated the prosecution case is projected in the charge sheet was that on 26.01.2013 at around 08.30 a.m. the appellant sexually assaulted the victim 'X' (changed name) aged around two and a half years in his jhuggi No.437, Ayurvedic Hospital, Haiderpur, Delhi. Information about the occurrence was conveyed to the police promptly and DD No.9A (Ex.PW-13/A) came into existence at 09.50 a.m. at PS Shalimar Bagh. The Investigating Officer after recording statement of the victim's mother (Ex.PW-11/A) lodged First Information Report. 'X' was taken for medical examination. The appellant was arrested and medically examined. Statements of the witnesses conversant with the facts were recorded. Upon complete of investigation, a charge-sheet was laid before the Trial Court against the appellant for commission of the aforesaid offences. To establish its case, the prosecution examined thirteen witnesses. In 313 Cr.P.C. statement, the appellant denied his complicity in the crime and claimed himself to be innocent; he did not produce any witness in defence. Trial resulted in conviction as aforesaid. Being aggrieved and dissatisfied, the instant appeal has been preferred by him.

(3.) I have heard the learned counsel for the parties and have examined the file. Undisputedly, the prosecutrix was aged around two and a half years on the day of occurrence. PW-1 (Mukesh Kumar), Record clerk from the office of Sub Registrar, North Zone, North Delhi Municipal Corporation, proved various documents (Ex.PW-1/A to Ex.PW-1/C) invariably disclosing X's date of birth as 04.07.2010. Genuineness of these documents has not been suspected in the cross-examination.