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2020 Supreme(Del) 963

MANOJ KUMAR OHRI
Ishwer Soni – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent


Advocates Appeared:
Kanhaiya Singhal, Advocate, Radhika Kolluru, Advocate

JUDGMENT

Manoj Kumar Ohri, J. - The present appeal is preferred under Section 374 Cr.P.C. on behalf of the appellant Ishwer Soni challenging the judgment dated 30.07.2018 and order on sentence dated 31.07.2018 passed by the ASJ01, East District, Karkardooma Courts, Delhi, in SC No. 74/2016 arising out of FIR No. 177/2016 registered under Section 376 IPC and Section 6 of the POCSO Act at Police Station Geeta Colony, Delhi whereby the appellant was convicted for the offence punishable under Section 366A IPC and Section 6 of the POCSO Act. Further, vide order on sentence dated 31.07.2018, the appellant was directed to undergo RI for a period of 10 years for the offence punishable under Section 6 of the POCSO Act along with payment of fine of Rs.5,000/- in default whereof, to undergo SI for 2 months. He was further directed to undergo RI for a period of 5 years for the offence punishable under Section 366A IPC alongwith payment of fine of Rs.5,000/- in default whereof, to undergo SI for 2 months. Both the sentences were directed to run concurrently.

2. The brief facts, as noted by the Trial Court, are as under:-

    "Brief facts as per the case of the prosecution are that on 30.04.2016, DD

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