RAVINDER Vs. STATE

JUDGEMENT

(1.) The appellant Ravinder @ Shati s/o Sh. Dhanpal vide the present appeal assails the impugned judgment dated 11.07.2019 of the learned ASJ-01 (POCSO) South East, Saket Court Complex, New Delhi whereby the appellant was convicted for the commission of the offence punishable under Section 325 of the Indian Penal Code, 1860 and Section 12 of the POCSO Act, 2012. The appellant has also assailed the impugned order on sentence dated 17.07.2019 of the learned Trial Court whereby on conviction vide the impugned judgment date 11.07.2019, the appellant was sentenced to undergo Simple Imprisonment for a period of three (3) years and to pay a fine of Rs.10,000/- qua the offence punishable under Section 12 of the POCSO Act, 2012 and was sentenced to undergo Simple Imprisonment for a period of three (3) years and to pay a fine of Rs.10,000/- qua the offence punishable under Section 325 of the Indian Penal Code, 1860 with it having been directed that both the sentences would run concurrently and in the event of the failure of the appellant to pay the fine, he would further undergo Simple Imprisonment for a period of one month qua each of the offences with the benefit of Section 428 of the Cr.P.C., 1973 having been accorded to the appellant.

(2.) Further, the Secretary, District Legal Services Authority, South East was directed to provide restorative and compensatory justice to the victim by payment of Rs.50,000/- as a compensation to be paid to the victim.

(3.) On behalf of the appellant, it has been submitted that he has already undergone two (2) years one (1) month and seven (7) days of incarceration, which is also so indicated vide the impugned judgment wherein it has been expressly observed to the effect that the convict had remained in custody from 16.04.2014 to 12.08.2016 and vide the impugned order on sentence dated 17.07.2019, had been admitted to bail.