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2023 Supreme(Del) 551

MUKTA GUPTA, POONAM A. BAMBA
Deepak Kumar – Appellant
Versus
State NCT of Delhi – Respondent


Advocate Appeared:
For the Appellant :Mr. Rajesh Mahajan, Advocate/amicus curiae with Mr. Ranjeeb Kamal Bora & Ms. Jyoti Babbar, Advocates.
For the Respondent: Mr. Laksh Khanna, APP, with SI Sangeeta, PS Shahbad Dairy

JUDGMENT :

POONAM A. BAMBA, J.

Vide this appeal, the appellant is assailing the judgment dated 24.07.2018 (‘impugned judgment’ in short) passed by Ld. ASJ-01/Special Judge, POCSO Act (North), Rohini Courts, Delhi, whereby the appellant was convicted for the offence under Section 6 of The Protection of Children from Sexual Offences Act, 2012 (“POCSO Act” in short) and u/S. 376(2)(i) of The Penal Code, 1860 (“IPC” in short), in Sessions Case No. 59234/2016, in case FIR no. 582/2016, Police Station Shahbad Dairy; and order on sentence dated 28.07.2018, whereby the appellant was sentenced to undergo rigorous imprisonment for life u/S. 376(2)(i) IPC along with fine of Rs. 20,000/-, in default of payment of fine, to undergo rigorous imprisonment for 60 days.

2. Briefly stating, the prosecution case is that on 01.08.2016 at about 12 : 00 noon, Smt. M (PW-2)/the complainant picked up her daughter victim N (PW-1) from her school and sent her back with a neighbor after handing over the keys to her advising her to get the door unlocked with the help of that neighbor and stay at home. Thereafter, she went to fetch her second daughter from her school. At about 01 : 30 p.m., when PW-2 returned home

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