Shiva alias Vikas VS State

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

AMIT SHARMA
Shiva alias Vikas – Appellant
Versus
State – Respondent

Counsel for the Parties:
For the Appellant:Mr. B. Badrinath, DHCLSC with Mr. Dhruv Bhardwaj, Advocates
For the Respondents: Ms. Manjeet Arya, APP for the State

JUDGMENT

Amit Sharma, J.—The present appeal under Section 374(2) read with Section 482 of the Cr.P.C. has been filed assailing the judgment of conviction dated 22.05.2023 and order on sentence dated 23.11.2023 passed by learned Additional Sessions Judge (FTSC)(POCSO)-01, Central District, Tis Hazari Courts, Delhi, whereby the appellant has been convicted in Sessions Case No. 575/2017 arising out of FIR No. 177/2017, under Sections 363/376/323 of the Indian Penal Code, 1860, (for short, ‘IPC’) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, ‘POCSO Act’), registered at Police Station Kashmere Gate.

2. The appellant by way of the impugned judgment of conviction and order on sentence has been convicted for the offences punishable under Section 376 read with Sections 323 and 363 of the IPC and Section 6 of the POCSO Act and vide the order on sentence dated 23.11.2023, the appellant was sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.10,000/-, in default of payment of fine, he was further sentenced to undergo simple imprisonment of 6 months for committing the offence of aggravated penetrative sexual assaul