JEET Vs. STATE (GOVT OF NCT) OF DELHI

JUDGEMENT

(1.) Jeet challenges the impugned judgment dated 9th February 2016 convicting him for offence punishable under Section 354 IPC and Section 10 of Protection of Children from Sexual Offences Act, 2012 (in short 'POCSO Act') and the order on sentence dated 29th February, 2016 directing him to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 25,000/-, in default whereof to undergo simple imprisonment for a period of three months, for offence punishable under Section 354 IPC and rigorous imprisonment for a period of five years and to pay a fine of Rs. 25,000/-, in default whereof to undergo simple imprisonment for a period of three months, for offence punishable under Section 10 of POCSO Act.

(2.) Assailing the conviction, Learned Counsel for the appellant contends that the appellant has been falsely implicated. Appellant led defence evidence to prove his case however, the same was not considered by the learned Trial Court. As per the witnesses the appellant was plying the mini bus for more than a year and there were no allegations against the appellant by any other child or staff.

(3.) Learned APP for the State on the other hand submits that the prosecution has proved its case beyond reasonable doubt by the testimony of the victim and the mother. Testimony of DW-2 is hearsay in nature, thus not admissible in evidence. Hence the appeal be dismissed.