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MANOJ KUMAR OHRI
Laxman – Appellant
Versus
State (NCT of Delhi) – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Richa Dhawan, Advocate.
For the Respondent: Dr. M.P. Singh, APP.

JUDGMENT :

(Via Video Conferencing)

1. By way of the present appeal, filed under Section 374 Cr.P.C., the appellant has assailed the judgment on conviction dated 01.11.2019 and order on sentence dated 25.11.2019 passed in Sessions Case No. 58126/2016 arising out of FIR No. 428/2013 registered under Section 10 of the POCSO Act at P.S. Shahbad Dairy, passed by the learned ASJ-06, Special Court, POCSO, North, Rohini Court, Delhi whereby the appellant was convicted for the offence punishable under Section 10 of the POCSO Act and sentenced to undergo RI for a period of 5 years along with payment of fine of Rs.5,000/-, in default whereof, to further undergo SI for 1 month.

2. For the sake of felicity, the brief facts as noted by the Trial Court, are reproduced below:-

    “The accused was chargesheeted for commission of offences of aggravated penetrated sexual assault on the victim S (identity not disclosed as S is a child victim who was aged about 6 Yrs. at the time of offence). In brief, the allegations against the accused are that on 23.08.2013, G, the mother of the victim S returned to her home in the evening and S told her that the accused had committed wrong act (penetrative sexual assault

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