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2022 Supreme(Del) 346

ANISH DAYAL, MUKTA GUPTA
Puran – Appellant
Versus
State – Respondent


Advocate Appeared:
For the Appellant :Mr. B.P. Sharma, Mr. T.S. Varun & Ms. Sudesh Kumari, Advocates.
For the State : Ms. Aasha Tiwari, APP with WSI Nisha, PS Kapasehra.

JUDGMENT :

1. By way of the instant appeal under Section 374(2) Cr.P.C., the appellant has challenged his conviction under Section 6 of Protection of Children From Sexual Offences Act, 2012 (POCSO Act) and the order dated 8th June, 2021 whereby he has been sentenced to undergo life imprisonment for a period not less than 14 years. In addition, compensation of Rs. 4,50,000/- was granted to the victim in accordance with Delhi Victim Compensation Scheme.

2. The judgment under challenge was passed by learned Additional Sessions Judge (ASJ-05) POCSO South West District, Dwarka Courts, New Delhi on 12th March, 2020, in S.C. Case No. 440384/16, pertaining to FIR No. 237/14, P.S. Kapashera registered under Section 6 of the POCSO Act and the order of sentence was passed on 8th June, 2021.

3. The facts in brief are that in the night of 25th May, 2014, the appellant forcibly entered the house of the child victim, allegedly aged about 10 years, and committed the offence of penetrative sexual assault punishable under section 6 of the POCSO Act. Accordingly, above noted FIR was registered at PS Kapasehra on 31st May, 2014. Pursuant to the investigation, charge-sheet was filed against the appellant

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