SUNIL ALIAS MACHHAR Vs. STATE

JUDGEMENT

(1.) By the present appeal, the appellant challenges the impugned judgment dated 22nd April, 2015 convicting him for the offence punishable under Section 4 of Protection of Children against Sexual Offences Act, 2012 (in short 'POCSO Act') in FIR No. 148/2013 registered at PS Ashok Vihar and the order on sentence dated 8 th May, 2015 directing him to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 5,000/- and in default to undergo simple imprisonment for a period of six months.

(2.) Learned counsel for the appellant contends that brother of the victim who stayed with him has not been examined as a witness. As per the FIR only one incident has been alleged, however, the victim child (PW-5) in his statement under Section 164 Cr.P.C. mentions about a number of incidents. Thus, there is glaring contradiction in the prosecution version. Child victim admits about his addiction in his cross examination which is in fact the defence of the appellant and has not been considered by learned Trial Court.

(3.) Learned APP for the State on the other hand contends that the MLC of the child victim corroborates the prosecution case. The injuries were 2 to 7 days old and were partially healed. Child victim deposed about one incident only in the Court and the said version is thus required to be accepted.