The main legal point established in the judgment is the requirement for the prosecution to prove the case beyond reasonable doubt, and the benefit of doubt being given to the accused in case of unreliable evidence.

JUDGMENT

Manoj Kumar Ohri, J. - The present appeal has been preferred under Section 374 Cr.P.C. on behalf of the appellant challenging the judgment on conviction dated 27.01.2020 and the order on sentence dated 30.01.2020 passed by the learned Special Judge (POCSO Act)/ASJ-05 (Central), Tis Hazari Courts, Delhi in Session Case No. 28307/2016 arising out of FIR No. 280/2012 registered under Sections 344/366A/373/34 IPC, Sections 3/4/5/6/7(1) of the Immoral Traffic (Prevention) Act, 1956 (hereinafter referred to as the ITP Act'), Sections 4/6 of the POCSO Act, 2012 read with Section 16 of the POCSO Act and Sections 23/26 of the Juvenile Justice Act, 1986 at Police Station Crime Branch, Delhi, whereby the appellant was convicted for the offences punishable under Sections 3/4 of the ITP Act and sentenced to undergo Rigorous Imprisonment for a period of 01 year for the offence punishable under Section 3 of the ITP Act along withpayment of fine of Rs.2,000/-, in default whereof to further undergo Simple Imprisonment for a period of 02 months, and to undergo Rigorous Imprisonment for a period of 07 years for the offence punishable under Section 4 of the ITP Act. All sentences were directed to run concurrently. The benefit of Section 428 Cr.P.C. was also directed to be extended to the appellant.

2. The brief facts, as noted by the Trial Court, are as under: -

"1. It is the case of the prosecution that on 08.12.2012 at about 4 p.m., social welfare officer from 'STOP' NGO, namely, Ms. Sapna and Ms. Poonam Chaudhary alongwith Sh. 'SS' -father of the victim, namely, SK (names of victim and her father are withheld to protect their identity) came in the office of SOS / Crime Branch Kotwali, Darya Ganj, Delhi and informed that daughter of the 'SS', namely, 'SK' aged about 16 years who had been missing for about two years from her village, was being forcibly confined at Kotha No. 57, first floor, G.B. Road, Delhi and forced into the prostitution. On receipt of the aforesaid information, a raiding team comprising of Inspector Satyabir Singh, SI Samar Pal, HC Devender, HC Narender, HC Pramod, Ct. Yashvir, W/Ct. Sarabhjeet and Ct. Amar Pal alongwith officials of NGO and father of the victim was constituted and raided at the aforesaid Kotha. All the girls at the said Kotha were gathered and interrogated. During the course of interrogation, 'SS' has identified the victim 'SK' as her daughter who has been missing for about 2 years. Her recovery memo was prepared. One NGO official Ms. Kaisur-Un-Nisha also arrived at the said place and the victim was got counselled by the Counsellor of 'STOP' NGO.

2. IO Inspector Satyabir Singh has recorded the statement of the victim, namely, 'SK' wherein she stated that she belonged to West Bengal (complete address of the victim is withheld to protect her identity) and was having 05 sisters and one 01 brother besides her. She further stated that she had been studying in IX class two years back in her native village (name of the school of the victim is withheld). She further stated that one day, she met two girls and one boy near the school gate and they gave her roti with dahi which she ate as she was hungry. She further stated that they had also given her cold drink, after consuming when she slept. It is stated that when she regained consciousness, she found herself in a house which wassubsequently revealed to be located at Seelampur, Delhi owned by one Rekha who told her that she had purchased her for Rs. 30,000/-. She further stated that Rekha has asked her to earn the said amount after indulging in flash trade and when she refused, she was given beatings by her and Rekha also threatened to kill her. She stated that Rekha got her involved into prostitution and she used to send customers to her and they established forcible sexual relations with her. In lieu of the forcible sexual relation, Rekha used to take money from the customers and she was not allowed to go outside the house."

3. After completion of investigatio