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2022 Supreme(Del) 297

MANOJ KUMAR OHRI
Ravinder – Appellant
Versus
State – Respondent


Advocates Appeared:
Ms. Saahila Lamba, Advocate, for the Appellant, Ms. Neelam Sharma, APP, for the Respondent.

JUDGMENT

1. The present appeal has been filed under Section 374(2) Cr.P.C. on behalf of the appellant against the judgment on conviction and order on sentence dated 30.09.2020 and 12.10.2020 respectively passed by the learned Additional Sessions Judge-01 (POCSO), South-West District, Dwarka Courts, New Delhi in SC No. 440884/16 arising out of FIR No. 573/2014 registered under Sections 354/509 IPC and Section 8 of the POCSO Act at Police Station Dwarka North, Delhi.

2. Vide the impugned judgment dated 30.09.2020, the appellant was convicted for the offence punishable under Section 12 of the POCSO Act and vide the order on sentence dated 12.10.2020, he was sentenced to undergo SI for a period of three years, alongwith payment of fine of Rs. 5,000/-, in default whereof, to further undergo SI for a period of three months. The benefit of Section 428 Cr.P.C. was extended to the appellant.

3. The brief facts of the case, as noted by the Sessions Court, are as under :-

    "1. The case of the prosecution is that on 27.08.2014, the child victim was residing with her parents in a rented premises. Her father was a rickshaw puller and her mother used to work as a cook in domestic households. Her mothe

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