RAM DASS Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 5th March 2018 in SC No.109/2014 passed by the learned Additional Sessions Judge-I, North West, Rohini Courts whereby the Appellant has been convicted under Section 6 read with Section 5 (m) and (n) of the Protection of Children from Sexual Offences Act 2012 ("POCSO Act"). Since the Appellant has been convicted under the aforementioned provisions of the law, no separate conviction was recorded under Sections 376 (2) (i) and (f) IPC with which he was also charged. The appeal is also directed against the order on sentence dated 7th March 2018 whereby he has been sentenced to imprisonment for life along with fine of Rs.10,000/- and in default of payment of fine, to undergo simple imprisonment for three months.

(2.) This is an extremely unfortunate case where the Appellant has been charged with having committed the aforementioned offences against his own minor daughters, K1 and K2, aged 6 and 5 years respectively at the time of the alleged offences being committed. The Appellant has been acquitted insofar as the charge pertaining to the elder daughter, i.e. K1, is concerned. The aforementioned conviction has been recorded by the trial Court with respect to the charge pertaining to the offences committed by the Appellant against his younger daughter, K2.

(3.) In her statement to the police, the mother of the victims (PW-13) and the wife of the Appellant, has stated that her husband was committing the aforementioned crimes against the two children and despite her protestations continued to do so. She took the two children to a private doctor and the public that had gathered there after learning of the conduct of the Appellant, beat him up. At that point, someone called the Police Control Room ("PCR") and the police came and arrested the Appellant.