JABBAR Vs. STATE

JUDGEMENT

(1.) The impugned judgement, dated 26th September, 2013, passed by the learned Additional Sessions Judge (hereinafter referred to as "the learned ASJ") finds the appellant Jabbar guilty of sodomising and, thereby, committing "aggravated penetrative sexual assault" on, a 6-year-old boy (who shall be referred to, hereinafter, as 'S') and, accordingly, convicts him under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "the POCSO Act"). Vide order, dated 28th September, 2013, passed as a sequel thereto, the learned ASJ has sentenced the appellant to undergo imprisonment for life, along with fine of Rs. 5000/ with default rigorous imprisonment of 6 months. The benefit of Section 428 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Cr. P. C. ") has been extended to the appellant.

(2.) The appellant appeals, thereagainst.

(3.) We may pitch the starting point, for the recital of the facts in the present case, as the statement of Noor Jahan Begum, the mother of the victim 'S', who deposed, during trial, as PW- Her deposition reads thus: