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2019 Supreme(Del) 1672

C.HARI SHANKAR
Lokesh – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Aditya Vikram, Advocate
For the Respondent: Mr. G.M. Farooqui, APP with SI Anita Kumar, PS Delhi Cantt,

JUDGMENT :

C. Hari Shankar, J.

The appellant Lokesh stands convicted, by judgment dated 29th May, 2015, passed by the learned Additional Sessions Judge (hereinafter referred to as "the learned ASJ") under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "the POCSO Act") and Section 376 of the Indian Penal Code, 1860 (hereinafter referred to as "the IPC"), and sentenced, vide the consequential order, dated 4th June, 2015, to suffer rigorous imprisonment for 10 years along with fine of Rs. 7500/-, with default sentence of 6 months simple imprisonment, for the offence under Section 6 of the POCSO Act.

2. The case, as set out by the prosecution, may be adumbrated thus.

3. On 28th December, 2013, the complainant Guddi, arrived at the Police Station, with her daughter, the prosecutrix, about 4 years of age, and tendered her statement, on the basis whereof prosecution was lodged against the present appellant. According to the said statement, (i) on 5th November, 2013, at about 2 p.m., Guddi, along with the prosecutrix and her 9-year-old son, had gone to the Rama Market, Munirka, to meet the appellant, who worked at a cycle shop, the occasion b

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