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2021 Supreme(Del) 266

ANU MALHOTRA
Chand – Appellant
Versus
State (Govt. of NCT) of Delhi – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sulaiman Mohd. Khan, Advocate
For the Respondent: Ashok Kr. Garg, APP.

JUDGMENT :

1. The appellant vide the present appeal assails the impugned judgment dated 19.2.2020 and the impugned order on sentence dated 20.2.2020 of the learned Trial Court of the Additional Sessions Judge (Special Court)-04, POCSO in relation to FIR No. 113/2016, Police Station Aman Vihar whereby the appellant herein along with the co-convict Mohd. Sajid @ Benam was convicted for the offence punishable under Section 6 of the POCSO Act, 2012 and under Section 506/34 of the Indian Penal Code, 1860, for having subjected the minor child ‘A’ aged 13 years to gang penetrative sexual assault in terms of Section 5 (g) of the POCSO Act, 2012 which amounts to aggravated penetrative sexual assault as also qua the offence of commission of criminal intimidation to the victim ‘A’ and were sentenced as under:

1.

For the offence U/s 6 of the POCSO Act

Rigorous Imprisonment for ten years each, a1ongwith a fine of Rs.5,000/- each. In default of payment of fine, the convicts were directed to undergo Simple Imprisonment for 30 days, each.

2.

For the offence U/S 506/ 34 IPC

Simp

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