PRAVESH DIXIT @ TINDA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The appellant Pravesh Dixit @ Tinda stands convicted, vide judgment dated 23rd February, 2017, under Sections 367 and 342 of the Indian Penal Code, 1860 (the IPC) and Section 4 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, having been found guilty of subjecting a child, 17 years and 4 months of age (who would be referred to, hereinafter, as 'X'), to "penetrative sexual assault". Consequent thereto, the appellant has, vide subsequent order dated 27th April, 2017, been sentenced to 10 years' rigorous imprisonment (RI), for commission of the offence punishable under Section 4 of the POCSO Act, to 1 year's RI for the offence punishable under Section 342 of the IPC, and to 2 years' RI for the offence punishable under section 367 of the IPC, the sentences being directed to run concurrently. He has also been sentenced to pay fines of Rs. 1 lakh, Rs. 50,000/ and Rs. 1000/ , for the offences punishable under Section 4 of the POCSO Act, and Section 367 and Section 342 of the IPC, respectively, with default sentences of one year, 6 months' and 3 months' simple imprisonment for each offence. Out of the said amount, the learned Special Judge has directed disbursement of Rs. 1,20,000/ to X.

(2.) The appellant is in appeal.

(3.) The factual backdrop of the case, as set out by the Learned ASJ in the impugned judgment, may be set out thus.