OM PRAKASH Vs. STATE

JUDGEMENT

(1.) The appellant has preferred the present appeal to assail the judgment rendered by the learned ASJ-01/Special Judge (POCSO), Shahdara District, Karkardooma Courts, Delhi in SC No.70/2016 arising out of FIR 460/2013 under Section 363/376(2)(i)/506 IPC and Section 5(m)/6 of POCSO Act registered at P.S. Seemapuri, whereby the appellant stands convicted of the charge framed against him. The appellant also assails the order on sentence dated 29.01.2018 passed by the learned ASJ. The maximum punishment awarded to the appellant is rigorous imprisonment for life, which shall mean imprisonment for the remainder of his life, for the offence punishable under Section 376(2)(i) IPC with fine of Rs. 25,000/-. In default of payment of fine, he has been directed to undergo further simple imprisonment for a period of six months. The fine, if recovered, is payable to the victim.

(2.) The case of the prosecution is taken note of in the impugned judgment itself. The same reads as follows:

(3.) The age of the prosecutrix being 9 years on the date of the incident i.e. 31.08.2013 is established. The conviction of the appellant is premised on the testimony of prosecutrix, who was examined as PW-1; the testimony of PW-4 Shakir Malik, who was an auto driver; on the corroborative scientific evidence, namely, MLC of the prosecutrix (Ex. PW-2/A), which found the hymen of the victim torn, and; the FSL report (Ex. PW-14/A), wherein the DNA of the accused was found in the vaginal swab as well as on the skirt and underwear of the prosecutrix.