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2021 Supreme(Del) 474

MANOJ KUMAR OHRI
IN THE MATTER OF: RAKESH @ DIWAN – Appellant
Versus
STATE (GNCT OF DELHI) – Respondent


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

JUDGMENT :

MANOJ KUMAR OHRI, J.

1. The present appeal is preferred under Section 374(2) read with Section 383 of Cr.P.C. on behalf of the appellant Rakesh @ Diwan challenging the judgment on conviction dated 19.12.2019 and order on sentence dated 18.01.2020 passed by the learned ASJ-07/Special Court (POCSO Act), South East District, Saket Courts, New Delhi, in SC No. 2065/2016 arising out of FIR No. 513/2013 registered under Section 6 of the POCSO Act at Police Station Okhla, whereby the appellant was convicted for the offence punishable under Section 6 of the POCSO Act. Further, vide order on sentence dated 18.01.2020, the appellant has been sentenced to undergo rigorous imprisonment for a period of 14 years for the offence punishable under Section 6 of the POCSO Act along with payment of fine of Rs.10,000/- in default whereof to further undergo SI for a period of six months. The appellant was granted the benefit of Section 428 Cr.P.C.

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

    “2. The facts disclosed in the charge-sheet reveals that at the time of alleged incident, PW-1/Victim and accused were residing in the jhuggi cluster of Sanjay Colony, Okh

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