AMARJEET Vs. STATE

JUDGEMENT

(1.) The appellant has filed the present appeal impugning a judgment dated 08.04.2016 passed by the Additional Sessions Judge, North West 01, Rohini District Courts, Delhi, whereby the appellant was convicted for an offence under Section 6 of Protection of Children from Sexual Offences Act, 2012 (POCSO). The appellant also impugns the order on sentence dated 18.04.2016, whereby he was sentenced to ten years of rigorous imprisonment and a fine of Rs.10,000/- for committing an offence under Section 6 of the POCSO. The appellant was also directed to serve simple imprisonment for a further period of six months, if he defaulted in the payment of the said fine.

(2.) The impugned judgment was rendered in connection with a case arising from FIR No. 478/14, under Section 6 of the POCSO and Section 376(2)(f) of the IPC, registered with P.S. Aman Vihar, on 13.05.2014. The said FIR was registered at the instance of the mother of the child victim. She stated that after the death of her first husband Kamal, she had married the appellant Amarjeet (accused). The victim was born from her earlier wedlock. She alleged that the accused had sexually assaulted the victim.

(3.) She alleged that on 13.05.2013, she had been working at Panni Godown and on that day, at about 3.30 pm, one neighboring lady, whom the people used to call 'nani', came there and informed her that she had saved the child victim from appellant, who was about to commit sexual assault upon her. Thereafter, she along with nani returned home, where the child victim narrated the entire incident to her. By that time, the appellant had run away from there. Thereafter, she took the child victim to the concerned PS and requested that legal action be taken against the appellant.