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2016 Supreme(Del) 4329

S.P.GARG
Brij Lal – Appellant
Versus
State (NCT of Delhi) – Respondent


Advocates Appeared:
For the Appellant : Mr. Jivesh Tiwari
For the Respondent: Mr. Amit Gupta

JUDGMENT :

S.P. Garg, J.

1. Present appeal is directed against a judgment dated 24.11.2014 of learned Addl. Sessions Judge in Sessions Case No. 119/2013 emanating from FIR No. 266/2013 PS Vasant Kunj (South) by which the appellant -Brij Lal was held guilty for committing offence under Section 6 POCSO Act. By an order dated 05.12.2014, he was awarded RI for ten years with fine Rs.10,000/-.

2. Briefly stated, the prosecution case as projected in the charge-sheet was that on 26.06.2013 at around 11.00 a.m. the appellant sexually assaulted the victim ‘X’ (assumed name) aged around four and a half years at his house. The incident was conveyed to the police and Daily Diary (DD) No. 60A (Ex.PW-1/A) came to be recorded on 29.06.2013 at 11.40 p.m. The investigation was assigned to W/SI Brahmo Devi who went to the spot. After recording the statement of victim’s mother (Ex. PW-5/A), she lodged First Information Report. ‘X’ was medically examined; she recorded her 164 Cr.P.C. statement. Exhibits collected during investigation were sent to Forensic Science Laboratory for examination. Statements of the witnesses conversant with the facts were recorded. The accused was arrested and medically examine













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