PILLUWA Vs. STATE

JUDGEMENT

(1.) By judgment dated 15.11.2018 the Additional Sessions Judge (ASJ) presiding over the special court under Protection of Children from Sexual Offences Act, 2012 (POCSO Act) in Sessions Case No.440657/2016, the appellant was held guilty and convicted on the charge for offence under section 6 read with section 5(n) of POCSO Act. By subsequent order dated 22.11.2018, the trial court awarded rigorous imprisonment for twelve years with fine of Rs.10,000/- as the punishment against the appellant directing that in the event of default in payment of fine he would undergo further simple imprisonment for two months though affording to him the benefit of set off under section 428 of the Code of Criminal Procedure, 1973 (Cr.P.C.). It may be added here that by the said very order, the trial court also directed the District Legal Services Authority (DLSA) of South-West District to grant compensation in the sum of Rs.4,50,000/- to the prosecutrix (the victim), this amount being over and above the amount of compensation that had been earlier released as interim compensation.

(2.) The appeal at hand challenges the conviction and order on sentence. At the hearing, however, the appellant who was called to Court by production warrant submitted through the learned counsel appointed by Delhi High Court Legal Services Committee to represent him that he does not press the appeal on merits in so far as it challenged the judgment holding him guilty, he conceding that his complicity has been brought home through evidence he cannot impeach, his only prayer being for reduction of sentence awarded to the minimum prescribed in law.

(3.) Notwithstanding the above concession, the Court has heard both sides in light of material on record to satisfy its judicial conscience about the correctness of the conclusion reached by the trial court.