AMIT @ LALU Vs. STATE

JUDGEMENT

(1.) Amit @ Lalu challenges the impugned judgment dated 8th July, 2016 convicting him for offences punishable under Sections 354/354A IPC and section 8 of Protection of Children from Sexual Offences Act, 2012 (in short 'POCSO Act') and the order on sentence dated 9th July, 2016 directing him to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 3,000/- for offence punishable under Section 8 of POCSO Act, rigorous imprisonment for a period of one year for the offence punishable under Section 354A IPC and rigorous imprisonment for a period of one year and to pay a fine of Rs. 1,000/- for offence punishable under Section 354 IPC.

(2.) Assailing the conviction, learned counsel for the appellant contends that the present case is a case of sexual harassment punishable under Section 354A IPC and not a case of sexual assault. He further submits that the appellant cannot be convicted simultaneously for the offences punishable under Sections 354/354A IPC and Section 8 of POCSO Act.

(3.) Learned APP for the State on the other hand submits that there is no illegality in the impugned judgment and the order on sentence. The version of the prosecutrix was that she was touched thus constituting offence punishable under Section 8 of POCSO Act. Further the sexual intent is clear from the fact that the appellant pushed the prosecutrix on the sofa and forced her for a kiss.