CHHOTU Vs. STATE

JUDGEMENT

(1.) By the present appeal, the appellant challenges his conviction for offences punishable under Sections 8 & 10 of the Protection of Children from Sexual Offences Act, 2012 (in short 'POCSO Act') and order on sentence directing him to undergo rigorous imprisonment for a period of 3 years and 5 years and to pay a fine of Rs. 5,000.00 in default to undergo simple imprisonment of 3 months on each count for offences punishable under Sections 8 & 10 POCSO Act respectively.

(2.) Assailing the conviction, learned counsel for the appellant submits that though charged for offence defined under Sec. 5(m) and punishable under Sec. 6 POCSO Act, he has been convicted for offence punishable under Sections 8 & 10 of POCSO Act. There are material contradictions in the testimony of the victim PW-2 and her father PW-3. The place of occurrence was not visible from where he was standing in view of the fact that the bus was parked in between. Thus, the occurrence as unfolded by PW-3 is highly improbable. The appellant has been falsely implicated. In any case, the appellant has undergone nearly 4 years and 8 months of imprisonment out of 5 years awarded and in the alternative, he be released on the period already undergone.

(3.) FIR No. 67/2013 under Sec. 377 Penal Code and Sec. 6 of the POCSO Act was registered at PS Parliament Street, Delhi after receipt of wireless message vide DD No.29A on 29th April, 2013 at about 10.45 AM informing that a man had been apprehended while doing wrongful act with a girl child aged about 8 years behind Gurudwara Bangla Sahib at Jai Singh Road. Statement of PW-2 victim was recorded who stated that she was studying in 3rd standard in NDMC school, Hanuman Road and while she was sleeping on the footpath along with her friend, the appellant who resides on the footpath nearby came and covered her with a blanket. After coming under the blanket, her removed her undergarments and started touching his penis with her anal portion. In the meanwhile, her father took off the blanket and caught hold of the appellant.