SURESH KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ram Krishna Mishra, learned counsel for the appellant, and Ms. Mayuri Mehrotra and Sri Rahul Asthana, learned AGA for the State.

(2.) This criminal appeal has been filed against judgment and order dtd. 9/1/2020, passed by Special Judge (POCSO Act)/Additional Session Judge, Court No.8, Ghaziabad, in Criminal Case No.56 of 2017 (State of U.P. Versus Suresh Kumar) arising out of Case Crime No.927 of 2016 under Ss. 376 I.P.C. and 5/6 of The Protection of Children From Sexual Offences Act, Police Station Kotwali, District Ghaziabad. The appellant has been convicted for the offences under Ss. 376 I.P.C. and 5/6 of The Protection of Children From Sexual Offences Act and sentenced to undergo life imprisonment for the offence under Sec. 5/6 of The Protection of Children From Sexual Offences Act,2012 along with a fine of Rs.50,000.00. In default of payment of fine, to undergo six months simple imprisonment.

(3.) The F.I.R. of this case was registered on 29/12/2016 at 14.50 on the written information in which it is alleged that eight year old minor sister of the informant was sexually assaulted by Suresh at his residence house no. 424/G, Punjab Railway Colony on 25/12/2016. The victim used to live with informant who takes her care, but since last several days, she was living with her father at the aforesaid address. The victim was not feeling well since the incident. Today when, she met him, she disclosed the incident of sexual assault by Suresh with her, then the informant has come to lodge the report.