The main legal point established is the veracity of the prosecution version, the significance of sexual intent under Section 7 of the POCSO Act, and the presumption under Section 29 of the POCSO Act, 2012 in establishing guilt.

JUDGMENT

Anu Malhotra, J. - The appellant, vide the present appeal assails the impugned judgment dated 16.5.2019 of the learned Special Judge (POCSO Act), East District, Karkardooma Courts, and the impugned order on sentence dated 30.5.2019 whereby the appellant having been convicted for the commission of offences punishable under Section 451 read with Section 354 of the Indian Penal Code, 1860 and Section 8 of the POCSO Act, 2012, was sentenced:

to undergo rigorous imprisonment(Rl) for a period of 3 years and a fine of Rs.1,000/- for the offence punishable u/s 8 of the POCSO Act and in default of payment of fine to further undergo simple imprisonment(SI) for a period of 1 month;

to undergo rigorous imprisonment (Rl) for a period of 1 year and a fine of Rs. 500/- for the offence punishable u/s 451 of the Indian Penal Code, 1860, and in default of payment of the said fine to undergo simple imprisonment (SI) for a period of 1 month;

to undergo rigorous imprisonment (Rl) for a period of 1 year and a fine of Rs. 1,000/- for the offence punishable u/s 354 of the Indian Penal Code, 1860, and in default of the payment of the said fine, to undergo simple imprisonment (SI) for a period of 1 month

with all the sentences having been directed to run concurrently with the benefit under Section 428 of the Cr.P.C. having been given to the appellant. The fine imposed of Rs. 2500/- in toto is indicated to have been paid by the appellant before the learned Trial Court. Compensation to the tune of Rs.25,000/- was also awarded to the victim to be paid by the Delhi State Legal Services Authority, East District to the victim.

2. The notice of the appeal was issued to the State vide order dated 20.1.2020. The application Crl.M.B. No. 106/2020 filed by the appellant seeking suspension of sentence during the pendency of the appeal was declined vide order dated 20.01.2020.

3. The Trial Court Record was requisitioned both in the physical form and in the e form vide order dated 20.1.2020 and has since been received.

4. Vide order dated 30.06.2020, the prayer made by the appellant vide Crl.M.B. No. 7532/2020 seeking interim suspension of sentence during pendency of the appeal for a period of 45 days on the ground of the prevailing pandemic was also declined. It was however considered appropriate in view of the spirit of the POCSO enactment that the appeal is set down for hearing expeditiously. The written submissions have been submitted on behalf of the appellant. On behalf of the State it was submitted that oral arguments would be addressed. Submissions have also been made orally on behalf of the appellant and on behalf of the State on 30.9.2020. The appellant was also directed to be produced through Video Conferencing for the hearing of the appeal on 30.9.2020 and was so produced by the jail authorities.

5. The FIR in the instant case is indicated to have been lodged on 4.11.2013 at 12:05 hours on the complaint of ''J'' d/o R under Section 451 read with Section 354 of the Indian Penal Code, 1860, in relation to an incident which took place at 6 a.m. at house No. 250, First Floor, Kotla Village, Mayur Vihar Phase-I , Delhi at the residence of the complainant herself with the accused having been named in the FIR as being Rajeev Kumar S/O Anant Ram, R/o 349, Kotla Village, Delhi. Along with the FIR placed on the record of the Trial Court is the information given vide Ex.PW8/A to the Delhi Police Control Room at 6:19:45 a.m. on 4.11.2013 in relation to a complaint of eve teasing where it was recorded to the effect:

".......

Resident: MAYUR VIHAR PH 1 GUJAR BHAWAN KE PASS

Incident info: EK LADKA BADTIMIZI KAR RAHA THA JISKO PAKAR RAKHA HAI.

DCR NO. Received 275

Report Received from VAN

04/11/2019 06:59:2 IPCD 5 MIN. 04/11/2013 07:17:29 PADOSI LADKA RAJEEV S/O HANS RAM AGE 25 YRS R/O 949 KOTLA VILL. NE LADKI JYOTI D/O RAGHUNANDAN AGE 14 YRS R/O 250 KOTLA VILL APANE KAMARE SO RAHI THI JISKO ABOVE LADKE NE MUH DABA THI SHOR MACHANE SE GHARWALO NE LADKE KO PAKAD