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2020 Supreme(Del) 36

VIBHU BAKHRU
Rais @ Lala – Appellant
Versus
State (Nct of Delhi) – Respondent


Advocates:
Advocate Appeared:
Prachi Nirwan, Advocate, Meenakshi Chauhan, Advocate

JUDGMENT :

VIBHU BAKHRU, J.

1. The appellant has filed the present petition, impugning a judgment dated 28.01.2016 (hereafter the 'impugned judgment') and order on sentence dated 30.01.2016 passed by the ASJ, North-West District, Rohini District Court, New Delhi, whereby the appellant was convicted for the offence under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereafter the 'POCSO Act') and was awarded ten years of rigorous imprisonment and a fine of Rs.10,000/-. In default of the fine, he would have to undergo simple imprisonment for a further period of six months.

2. It is the prosecution's case the appellant had committed penetrative sexual assault on the victim who was, at the material time, less than eight years old. The appellant, who is a vendor of balloons, had enticed the child victim by giving her Rs.20/- and one balloon and thereafter, lured her into bushes and had sexually assaulted her. The victim had raised an alarm. One Shri Rajesh (who had deposed as PW8) was passing by. He had rescued the victim. The appellant had tried to run away, but was apprehended.

3. The appellant contends that the Trial Court has failed to appreciate that the evide

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