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2018 Supreme(Del) 2092

MUKTA GUPTA
Kamal – Appellant
Versus
State (NCT of Delhi) – Respondent


Advocates Appeared:
For the Appellants : Mr. Anwesh Madhukar, Mr. Pranjal Shekhar, Mr. Pravesh Misra.
For the Respondent: Mr. Ashok Kumar Garg, Ajay Kumar.

JUDGMENT :

MUKTA GUPTA, J.

1. By the present appeal, the appellant challenges the impugned judgment dated 15th December, 2016 convicting him for offence punishable under Section 4 of Protection of Children against Sexual Offences Act, 2012 (in short 'POCSO Act') and in the alternative under Section 376 IPC and offences punishable under Sections 363/366/368/34 IPC and the order on sentence dated 21st December, 2016 directing him to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 5,000/- in default whereof to undergo simple imprisonment for a period of 30 days for the offence punishable under Section 4 of POCSO Act and rigorous imprisonment for a period of three years and to pay a fine of Rs. 5,000/- and in default to undergo simple imprisonment for a period of 30 days for the offences punishable under Sections 363/366/368 IPC.

2. Learned counsel for the appellant, while placing reliance on the decision reported as AIR 2011 SC 715 Alamelu and Anr. v. State, Rep. by Inspector of Police, submits that the learned Trial Court erred in returning a finding on the date of birth of the victim on a transfer certificate without the basis on which age was entered















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