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2021 Supreme(Del) 2327

SUBRAMONIUM PRASAD
Krishna Murti – Appellant
Versus
State NCT Of Delhi – Respondent


Advocates appeared:
Mr. Maroof Ahmad and Mr. M.K Khan, Advocates, for the Appellant; Ms. Kusum Dhalla, APP for the State along with SI Jagdish PS Bindapur., for the Respondent

JUDGMENT

Subramonium Prasad, J. - This appeal is directed against the judgment dated 21.10.2020, convicting the appellant herein for an offence under Section 363 IPC read with Section 8 of the Protection Of Children From Sexual Offences Act, 2012 (hereinafter referred as 'The POCSO Act). By a separate order dated 20.11.2020, the appellant has been sentenced to undergo Simple Imprisonment for a period of three years and a fine of Rs.2,500/- for offence punishable under Section 363 IPC and in default further imprisonment for a period of three years. The appellant is also sentenced to undergo Simple Imprisonment for a period of three years with a fine of Rs. 2,500, for the offence punishable under Section 8 POCSO Act and in default of payment further imprisonment for a period of three months, both the sentences shall run concurrently.

2. FIR No.606/13, dated 01.12.2013 was registered at Police Station Binda Pur for offences under Sections 354, 363 IPC read with Section 8 of the POCSO Act. On investigation charge-sheet under Sections 354, 366A, 506 IPC read with Section 8 of the POCSO Act has been filed on 25.01.2014.

3. The brief facts as narrated in the charge-sheet are:

    a) On 01.12.2013

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