MAHABIR MEHTO Vs. STATE

JUDGEMENT

(1.) The present appeal instituted under the provision of section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C') assails the judgment dated 27.04.2018 and the order on sentence dated 14.05.2018, rendered by the learned Additional Session Judge-01, Dwarka Courts, New Delhi, in Session Case No.440846/2016, title as 'State vs. Mahabir Mehto', emanating from F.I.R No. 216/2013 (hereinafter referred to as the 'subject FIR') under sections 376/506 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and under sections 6/10 of the Protection of Children from Sexual Offence Act, 2012 (hereinafter referred to as 'POCSO'), registered at Police Station-Baba Haridas Nagar.

(2.) By the way of the impugned judgment dated 27.04.2018, Mahabir Mehto (hereinafter referred to as 'the appellant') has been convicted for the commission of offences punishable under the provisions of section 506 (Part I) IPC and sections 6/5 POCSO. By way of the impugned order on sentence dated 14.05.2018, the appellant has been sentenced to undergo imprisonment for life, along with fine Rs.15,000/-, for the offence punishable under section 6 read with section 5(n) of POSCO. In default of the payment of fine, the appellant has been sentenced to undergo simple imprisonment for three months. Further, for the offence punishable under the provision of section 506(Part I), IPC, the appellant has been sentenced to undergo rigorous imprisonment of two years, along with fine of Rs.5,000/-. In default of payment of fine, to further undergo simple imprisonment for one month. All the sentences have been directed to run concurrently.

(3.) The gravamen of the charge, for which the appellant has been convicted, is for having committed penetrative sexual assault on his daughter, the prosecutrix, a girl aged about 15 years, at the time of commission of the offence.