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2022 Supreme(Del) 1168

JASMEET SINGH
Mohd Azizul – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. Sumeet Verma, Mr. Amit Kala, Mr. Mahinder Pratap Singh, Advs, for the Petitioner; Mr. Sanjiv Sabharwal, APP for State, SI Rohit, PS Hazarat Nizamuddin, for the Respondents

JUDGMENT

Jasmeet Singh, J. - This is a petition filed seeking setting aside of the impugned judgment dated 24.09.2019 and order on sentence dated 10.10.2019 passed by ASJ-07, Special Court, POCSO Act, South East District, Saket Courts, Delhi in FIR No. 106/2014, P.S. Hazarat Nizamuddin u/s 6 POCSO Act, case titled 'State Vs. Mohd. Azizul' wherein the Applicant has been found guilty under Section 6 of the POCSO Act and was sentenced to R.I. for 14 years and fine of Rs. 10000. In addition, since the fine was not paid, he was further directed to undergo simple imprisonment of 6 months.

2. The brief factual matrix is as under:

2.1 As per the prosecution victim baby 'R' used to reside along with her family at Jhuggi No. 114, Nizam Nagar Basti, Hazrat Nizammudin, New Delhi. She has 3 siblings and her parents were running a tea shop from a place near their Jhuggi. The accused was a vagabond who used to sleep on the pavements near the tea shop.

2.2 On 13.03.2014, around lunch time, the mother and the father were attending to their tea shop and the victim was playing in the park behind the shop. Around 1.30pm on the same date, the mother of the victim left the tea shop for buying food for her c

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