SHANKAR @ DEVI SINGH Vs. STATE

JUDGEMENT

(1.) This is an appeal directed against the judgment dated 26th September 2017 passed by the learned Additional Sessions Judge-1/Special Judge (POCSO), Shahdara District, Karkardooma Courts, Delhi in Sessions Case No.10/16 arising out of FIR No.541/2014 registered at PS Anand Vihar convicting the Appellant for the offence punishable under Section 376 (2) (f) (i) IPC and Section 6 POCSO Act.

(2.) The Appellant was charged with raping his step-daughter aged 11 years (PW-1) at about 10:30 am on 29th August 2014 and at about 1 pm 7-8 days prior at two separate locations in village Karkardooma, Delhi and thereby committing an offence punishable under Section 376 (2) (f) (i) and (n) of IPC. He was also charged with having committed aggravated penetrative sexual assault on a minor victim aged 11 years, thereby committing an offence punishable under Section 6 POCSO Act.

(3.) The case of the prosecution was essentially based on the version of events narrated by PW-1. PW-1 disclosed that her mother works as domestic help and would go for work at 8 am and return at 2 pm. On 29th August 2014, PW-1 was playing with her friends, X and Y, between 9:30-10:00 am when her step-father, the Appellant herein, came there. He beat her and asked her to send her friends away. While X went away, according to PW-1, her other friend, Y, remained and was secretly watching her. She then stated as under: