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2023 Supreme(Del) 2083

POONAM A. BAMBA
Mohd. Abid Hussain – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. Sanjeev Kumar Baliyan, Mr. Imran Khan, Advocates, for the Petitioner.
Ms. Richa Dhawan, Addl. PP, for the State. SI Padam Singh, PS Burari.

JUDGMENT

1. Vide this appeal under Section 374 Cr.P.C, the appellant is assailing the judgment dated 13.01.2021 (`impugned judgment' in short) passed by Ld. Special Judge (POCSO Act)/ASJ-05 (Central), Tis Hazari Courts, Delhi, whereby the appellant was convicted for the offences punishable under Section 354 IPC and Sec. 10 of The Protection of Children from Sexual Offences Act, 2012 (`POCSO Act' in short), in Sessions Case No. 29030/2016, in case FIR no. 485/2016, Police Station Burari, u/Ss. 354 IPC & 8/10 POCSO Act; and order on sentence dated 06.10.2021, whereby the appellant was sentenced to undergo rigorous imprisonment for five years for the offence punishable under Section 354 IPC and to undergo rigorous imprisonment for a period of six years for the offence punishable under Section 10 of POCSO Act and to pay a fine of Rs.15,000/- and in default to undergo simple imprisonment for four months; and both the sentences shall run concurrently.

2. Criminal Justice System was set into motion on receipt of a telephonic information at 11:07 pm on 28.09.2016, at PP Jharoda, PS Burari, Delhi about quarrel at the house (address withheld to protect the identity of the victim) which was

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