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2020 Supreme(Del) 521

MANOJ KUMAR OHRI
In Matter Of Rahim – Appellant
Versus
State (NCT of Delhi) – Respondent


Advocates Appeared:
Sharad Malhotra, Advocate, Manjeet Arya, Advocate

JUDGMENT

Manoj Kumar Ohri, J. - The present appeal is preferred under Section 374(2) Cr.P.C. on behalf of the appellant Rahim challenging the judgment on conviction dated 25.10.2019 and order on sentence dated 30.10.2019 passed by the Special Judge (POCSO Act)/ASJ-05 (Central)/THC, Delhi, in SC No. 27269/16 arising out of FIR No. 87/2014 registered under Sections 323/354 IPC & Section 8 of the POCSO Act, at Police Station Kamla Market, Delhi whereby the appellant was convicted for the offence punishable under Sections 323/354 IPC & Section 8 of the POCSO Act. Further, vide order on sentence dated 30.10.2019, the appellant was directed to undergo RI for a period of 5 years for the offence punishable under Section 8 of the POCSO Act along with payment of fine of Rs.5,000/- in default thereof, to undergo SI for 6 months. He was further directed to undergo RI for a period of 1 year for the offence punishable under Section 323 IPC along with payment of fine of Rs.2,000/- in default thereof, to undergo SI for 3 months.

2. The brief facts as noted by the trial court are as under:-

    "Brief facts of the case, as borne out from the charge-sheet are that on 10.03.2014 at about 05.30 p.m. when m

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