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2022 Supreme(Del) 1751

PURUSHAINDRA KUMAR KAURAV
Ram Guru – Appellant
Versus
State (NCT of Delhi) – Respondent


Advocates appeared:
Ms. Anu Narula, Advocate. (DHCLSC)], for the Appellant; Shri. Utkarsh, Additional Public Prosecutor for the State with Sub-Inspector Ashish, Police Station:- Dabri), for the Respondent

JUDGMENT

1. This appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.) is against the judgment dated 28.04.2017 and order on sentence dated 12.07.2017 passed by the learned ASJ-01, Dwarka Courts, New Delhi, in SC No. 440911/2016, whereby, the appellant/accused has been convicted under Section 6 read with Section 5(n) of Protection of Children from Sexual Offences Act, 2012 (in short 'POCSO'), and sentenced to undergo rigorous imprisonment for 12 years with a fine of Rs. 10,000/- and in default of payment further simple imprisonment for 02 months.

2. Learned counsel for the appellant submits that the judgment of conviction and sentence passed by the learned trial court is bad in law and deserves to be set aside. She submits that the learned trial court did not appreciate the evidence in proper perspective, and there are material contradictions and omissions in the evidence of the prosecution witnesses. There is no direct evidence against the present appellant, and the benefit of doubt ought to have been given to the appellant.

3. She further submits that the testimony of the child victim (PW1), mother of the child victim/Munni (PW2) and sister of the c

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