JITENDER SHARMA Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The present appeal under section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C') assails the judgment and order of conviction and order on sentence dated 30.05.2018 and 05.06.2018 respectively, in Sessions Case No. 21/2013, titled as 'State vs. Jitender Sharma s/o Sh Om Prakash Sharma', emanating from FIR No. 19/2013 (hereinafter referred to as the 'subject FIR') under Section 376/328 of the Indian Penal Code, 1860 and under section 4/6 of the Protection of Children from Sexual Offences Act, 2012 registered at Police Station - Begumpur, Delhi.

(2.) By way of the impugned judgment and order of conviction and order on sentence dated 30.05.2018 and 05.06.2018 respectively, Jitender Sharma (hereinafter referred to as 'Appellant') was convicted for the offences under the provision of section 10 read with section 9 (m)(n) of The Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO') and sentenced to Rigorous imprisonment for period of seven years along with a fine of Rs. 5,000, as well as, under section 328 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') to Rigorous imprisonment for period of five years along with a fine of Rs. 5,000. In default of payment of fine, the Appellant has been sentenced to undergo simple imprisonment for a further period of one month. However, the benefit of the provision under section 428 Cr.P.C has been granted to the appellant. Both sentences were ordered to run concurrently.

(3.) The gravamen of the charge, for which the appellant has been convicted, is for having committed rape upon his own daughter/the prosecutrix, a girl aged about 8 years, at the time of commission of the offence.