STATE Vs. JAFFAR KHAN

JUDGEMENT

(1.) Present leave petition has been filed by the State challenging the judgment dated 1st August, 2018 passed by learned Additional Sessions Judge-05 (Central District), Tis Hazari Courts in FIR No. 460/2014 registered with Police Station IP Estate wherein the respondent-accused was acquitted of the charges under Sections 376(1) of IPC and Section 6 of POCSO Act, and was convicted under Sections 10 & 12 of POCSO Act and 354A IPC. The Trial Court vide order dated 6th August, 2018 sentenced the respondent-accused to rigorous imprisonment for five years under Section 10 of POCSO Act, rigorous imprisonment for three years under Section 12 of POCSO Act and rigorous imprisonment for three years under Section 354A IPC. The relevant portion of the trial court judgment is reproduced hereinbelow:-

(2.) Learned Predecessor Bench had granted leave to the State to assail the impugned judgment and order on sentence vide order dated 22nd April, 2019. Accordingly, present appeal was taken up for hearing on 13th September, 2019.

(3.) Ms. Aashaa Tiwari, learned APP for State had primarily prayed for enhancement of the sentence and conviction under Section 6 of the POCSO Act on the ground that the respondent-accused was guilty of committing aggravated penetrative sexual assault on the prosecutrix.