DHARMENDER Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Dharmender @ Sonu challenges the impugned judgment dated 20th August, 2016 convicting him for offence punishable under Section 10 of Protection of Children from Sexual Offences Act, 2012 (in short 'POCSO Act') and Section 363 IPC and the order on sentence dated 24th August, 2016 directing him to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 5,000/-, in default whereof to undergo simple imprisonment for a period of thirty days, for offence punishable under Section 10 of POCSO Act and rigorous imprisonment for a period of three years for offence punishable under Section 354 IPC.

(2.) Assailing the conviction, Learned Counsel for the appellant prays that as per the statement of the prosecutrix, offence only under Sections 7 punishable under Section 8 of POCSO Act is made out therefore, sentence should be reduced.

(3.) Learned APP for the State on the other hand submits that the impugned judgment and order on sentence suffers from no illegality.