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2020 Supreme(Del) 1509

MANOJ KUMAR OHRI
Altaf Ahmed – Appellant
Versus
State (GNCTD of Delhi) – Respondent


Advocates Appeared:
For the Appellant : Richa Dhawan, Standing Counsel
For the Respondents: Meenakshi Chauhan, APP and Dharmendra Pratap Singh, SI

JUDGMENT :

Manoj Kumar Ohri, J.

(VIA VIDEO CONFERENCING)

1. The present appeal filed under Section 374(2) read with Section 383 Cr.P.C. on behalf of the appellant has been preferred against the judgment dated 30.11.2019 and order on sentence dated 10.12.2019 passed by the learned ASJ-04, Special Judge: POCSO Act, Rohini Courts, Delhi in Sessions Case No. 43/2017 in respect of FIR No. 247/2016 registered under Sections 5(m)/6 of the POCSO Act at P.S. Begumpur whereby the appellant has been convicted for the offence punishable under Section 6 of the POCSO Act. Further, vide order on sentence dated 10.12.2019, the appellant has been sentenced to undergo RI for a period of 10 years along with payment of fine of Rs. 10,000/-, in default whereof to further undergo SI for 30 days.

2. The brief facts, as noted by the trial court, are as follows:

    "2. The case of the prosecution is that on 13.03.2016, FIR No. 247/2016 under Sections 376 IPC and under Section 4 of the POCSO Act was registered at P.S. Begumpur against the accused herein for committing penetrative sexual assault upon the victim on the complaint of mother of victim who stated therein that she is housewife and her husband ply electri

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