HIMA KOHLI, VINOD GOEL
Shambhu Yadav – Appellant
Versus
State – Respondent
JUDGMENT :
Hima Kohli, J.
The appellant has assailed the judgment and order on sentence dated 16.05.2018 and 19.05.2018 respectively passed by the Court of the learned ASJ-01/Special Judge, POCSO Act, North, Rohini, Delhi in Sessions Case No.58941/16 arising from FIR No.80/2016, registered at Police Station: Alipur under Section 377 IPC and under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'the POCSO Act'). In the impugned judgment, the appellant has been convicted for the offence of aggravated penetrative sexual assault on the victim, who is a minor boy aged 4 years, which is punishable under Section 6 of the POCSO Act and for the offence punishable under Section 377 IPC. By the order on sentence dated 19.05.2018, observing that the punishment under Section 6 of the POCSO Act is more stringent than the punishment prescribed under Section 377 IPC, the learned ASJ has awarded a sentence of rigorous imprisonment for life alongwith a fine of Rs.30,000/- under Section 6 of the POCSO Act. In default of payment of fine, the appellant has been directed to undergo simple imprisonment for 90 days.
2. The facts of the case as gathered from
Dalip Singh vs. State of Punjab
Jayabalan vs. UT of Pondicherry
Kalpnath Rai vs. State (Through CBI)
Kartik Malhar vs. State of Bihar
M. Prabhulal vs. Assistant Director, Directorate of Revenue Intelligence
Mohd. Kalam vs. State of Bihar
Nivrutti Pandurang Kakote and Ors. Vs. State of Maharashtra
Pala Singh and Anr. Vs. State of Punjab
Panchhi & Ors. vs. State of U.P.
Paras Ram vs. State of Haryana
Pradeep Narayan Madgaonkar and Ors. Vs. State of Maharashtra
Raj Kumar vs. State of Madhya Pradesh
Rameshwar vs. State of Rajasthan
Sarwan Singh vs. State of Punjab
Seeman alias Veeranam vs. State
State (Delhi Administration) and Ors. Vs. Laxman Kumar and Ors.
State of Himachal Pradesh vs. Sanjay
State of Maharashtra v. Chandraprakash Kewalchand Jain
State of Punjab v. Gurmit Singh
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.