ASHOK JAISWAL Vs. STATE

JUDGEMENT

(1.) The appellant Ashok Jaiswal son of Sh. Ramadhar Jaiswal vide the present appeal assails the judgment dated 22.05.2018 of the Court of the learned ASJ-01-cum- Presiding Officer of Special POCSO Court, East, KKD Courts, New Delhi in relation to FIR No.664/2015, vide which the appellant was convicted for the commission of an offence punishable under Section 6 of the POCSO Act, 2012 for having committed aggravated penetrative sexual assault falling within the ambit of Section 5(m) of the said enactment in relation to a child aged 4 years at the time when the incident took place. The appellant has also assailed the impugned order on sentence dated 25.05.2018, whereby, he was sentenced to undergo Rigorous Imprisonment for a period of 10 years and was directed to pay a fine of Rs.5,000/- qua the offence punishable under Section 6 of the POCSO Act, 2012 and in default of the payment of the said fine to further undergo Simple Imprisonment for a period of one month.

(2.) The fine on recovery was directed to be paid to the victim child as compensation under Section 357(1) Cr.P.C., 1973 and the benefit of Section 428 of the Cr.P.C., 1973 was also given to the appellant. Directions were also issued by the learned Trial Court to the DLSA, East for payment of appropriate compensation to the victim child as per rules.

(3.) CRL.M.A.37137/2019 seeking condonation of delay of 430 days in the institution of the appeal. In view of the factum that the appellant was in custody with the appeal having been prepared after the visit of the jail visiting advocate after getting the Trial Court Record from the Delhi High Court Legal Services Committee was allowed vide order dated 27.09.2019 and the said delay in the institution of the appeal was condoned.