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2023 Supreme(Del) 1634

SWARANA KANTA SHARMA
Sonu @ Billa – Appellant
Versus
State, Through Sho, Ps Paschim Vihar East – Respondent


Advocates appeared:
Mr. Ashish Dahiya, Advocate, for the Appellant.
Mr. Naresh Kumar Chahar, APP, for the State with W/S Surbhi Aggarwal, P.S. Paschim Vihar East.

JUDGMENT

Index to the Judgment

FACTUAL BACKGROUNDPara 2
ARGUMENTS OF LEARNED COUNSELSPara 4
EVIDENCE AND TESTIMONIES OF WITNESSESPara 7
SECTION 354C OF IPC. VOYEURISM: ANALYSIS AND FINDINGSPara 9
(i) Private Act vs. Public ActPara 13
(ii) Reasonable ExpectationPara 16
CONCLUSION28

Swarana Kanta Sharma, J. The instant appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (`Cr.P.C') has been filed on behalf of appellant against the judgment of conviction dated 15.11.2021and order on sentence dated 15.12.2021 in Session Case No. 234/14 titled as "State vs. Sonu @ Billa" arising out of FIR bearing no. 730/2014, registered at Police Station Paschim Vihar East, Delhi for the offences punishable under Section 354C of the Indian Penal Code, 1860 (`IPC') and Section 12 of Protection of Children from Sexual Offences Act, 2012 (`POCSO Act') whereby the appellant has been convicted by learned Additional Sessions Judge-07 (POCSO), West Tis Hazari Courts, Delhi (`Trial Court') for having committed offence under Section 354C of IPC and Section 12 of POCSO Act, and has been sentenced to undergo rigorous imprisonment for one year and fine of Rs.2000/-, and in default of payment of fine, to un

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