ARIF Vs. STATE (GOVT. OF NCT OF DELHI)

JUDGEMENT

(1.) The appellant/convict Arif has preferred this appeal feeling aggrieved by the judgment dated 15th March, 2017 and order on sentence dated 16th March, 2017 whereby he has been held guilty for committing the offence punishable under Section 376(2)(i) of Indian Penal Code and sentenced to undergo RI for ten years with fine of Rs. 1000/- and in default of payment of fine to undergo SI for one month

(2.) Case FIR No. 406/2013 (Ex.PW3/A) under Section 354/376 IPC was registered at PS Bhajan Pura on the basis of complaint Ex.PW1/A made by Sh. Maqsood Alam-father of the child victim. As per the said complaint, on 30th September, 2013 at about 1.00 pm, he was present at his house and his three years old daughter 'M' (name withheld to conceal her identity) who was playing, went outside the house. After some time, when he came out to look for his daughter and was searching for her in the neighbouring house, he saw the convict Arif in nude condition and his daughter was also in nude condition at that time. The convict was committing 'galat kaam' with her. He apprehended Arif. On hearing noise certain persons collected there. The complainant informed his brother and after his arrival, the police was informed. The child victim was sent for medical examination to GTB Hospital. The convict Arif, who was arrested from the spot, was also sent for medical examination. After completion of investigation, he was sent to face trial for the offence punishable under Section 354/376 IPC.

(3.) On 30th January, 2014, the convict was charged for committing the offence punishable under Section 6 of POCSO Act for committing penetrative sexual assault on the child victim and on 25th October, 2016, in the alternative, the convict was charged for committing the offence punishable under Section 376 IPC.