LAWS(DLH)-2017-8-132

RAKESH KUMAR Vs. STATE

Decided On August 22, 2017
RAKESH KUMAR Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The appellant is aggrieved by his conviction for committing offence under Section 363 IPC & 6 POCSO Act, in the alternative under Section 376(2)(i) IPC and the order on sentence dated 9th December, 2016 whereby he has been sentenced as under: <IMG>JUDGEMENT_132_LAWS(DLH)8_2017.jpg</IMG> No separate sentence was awarded to him for the offence punishable under Section 376(2)(i) IPC and all the sentences were ordered to run concurrently.

(2.) Criminal law was set into motion on receipt of DD No.21 dated 29th December, 2013 recorded at Police Station Model Town at 3:13 PM. As per this DD the wireless operator, control room, North Delhi informed through wireless set that a girl aged about five years has been raped at old Gupta Colony (House No. withheld), Model Town, Near Vijay Nagar. Police reached the spot but the child victim had already been removed to BJRM Hospital by the PCR van.

(3.) On medical examination of the child victim, she being subjected to sexual assault was confirmed. As the child victim was aged about four years, the mother of the child victim who saw her bleeding from her private part and tried to ask from her about the incident, made the statement Ex.PW-2/A on the basis of which FIR No.452/13 Ex.PW-3/A was registered.