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2016 Supreme(Del) 132

S.P.GARG
JNANEDAR NATH DAS – Appellant
Versus
STATE – Respondent


Advocate Appeared:
Mr.Rajeev K.Malik with Mr.Sanjeev K.Malik, Advocates.
Mr.Amit Ahlawat, APP.

JUDGMENT :

S.P.GARG, J.

1. Aggrieved by a judgment dated 08.01.2015 of learned Additional Sessions Judge in Sessions Case No.59/13 arising out of FIR No.60/13 registered at Police Station Sagarpur by which the appellant was held guilty for committing offences punishable under Section 10 POCSO Act, the present appeal has been preferred by him. By an order dated 16.01.2015, the appellant was sentenced to undergo Rigorous Imprisonment for five years with fine of Rs. 10,000/-.

2. Briefly stated, the prosecution case as reflected in the charge-sheet was that sometime in the Winter Session 2012-2013 at premises Chunmum Nursery School, RZ-74, Dabri Extension, New Delhi, the appellant committed aggravated sexual assault by showing his penis to the prosecutrix/child victim “X” (Assumed name) and by making her touch it.

3. On 18.03.2013, Rekha “X”s mother reported the incident to the police at Police Station, Sagar Pur. The Investigating Officer recorded “X” s statement in question-answer form (Ex.PW1/B) and lodged First Information Report. In her complaint “X” gave detailed account as to how and under what circumstances, the appellant had asked her to touch his penis in the latrine/bathroom o




































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