LAWS(DLH)-2017-11-290

MANOJ Vs. STATE

Decided On November 21, 2017
MANOJ Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The appellant has preferred the present appeal to assail his conviction under section 5(k) of the Protection of Children from Sexual Offences Act, 2012, (POCSO) and consequent punishment under Sec. 6 of the said Act, vide judgment dated 03.12.2014 in Sessions Case No. 114/2013 arising out of FIR No. 157/2013 registered at PS-Begum Pur. By the order on sentence dated 10.12.2014, the appellant has been sentenced to life imprisonment with fine of Rs. 10,000.00, and in default of payment of fine, to undergo further Simple Imprisonment of six months.

(2.) The submission of Mr. Lokur, learned counsel for the appellant is that the victim child G was, indisputably, a person with mental disability. This finding is not disputed by the appellant. Though the age of the prosecutrix was mentioned as 19 years in the medical examination report, as well as in the complaint/statement made by the complainant under Sec. 161 Crimial P.C. 1973 learned counsel for the appellant also does not dispute the fact that she was below the age of 18 years, as medically opined on record.

(3.) The only submission that Mr. Lokur has pressed is that the offence proved against the appellant is not one falling under Sec. 5(k) inasmuch, as, it has not been proved that the appellant had committed penetrative sexual assault on the prosecutrix.