Conviction under POCSO upheld based on established victim age and credible testimonies despite appellant's inconsistencies.

JUDGMENT :

SWARANA KANTA SHARMA, J

1. By way of the present appeal, the appellant seeks setting aside of the judgment dated 07.12.2024 and order on sentence dated 31.01.2025 [hereafter 'impugned judgment and order‘], passed by the learned Additional Sessions Judge (FTSC)(POCSO)-02, West, Tis Hazari Courts, Delhi [hereafter 'Trial Court‘] in Sessions Case No. 111/2020, arising out of FIR No. 841/2019, registered at Police Station Nihal Vihar, Delhi for the commission of offence punishable under Section 10 of the Protection of Children from Sexual Offences Act, 2012 [hereafter "POCSO Act‘].

FACTUAL BACKGROUND

2. Pithily put, the facts of the present case are that on 16.12.2019 at about 05:00 PM, the victim child, aged about 14 years, had gone to a nearby shop to buy eatables, when she had allegedly been inappropriately touched on her chest by the accused, who had been standing outside the said shop. The victim had returned home without buying anything and had narrated the incident to her mother. Her mother had immediately gone to the shop and confronted the accused; however, he had entered into an argument with her and had left the spot thereafter. The mother of the victim child had then informed her husband about the incident, who, upon reaching home, had called the police at number 100. The said information had been recorded at P.S. Nihal Vihar vide DD No. 70-A. Pursuant thereto, inquiry had been conducted. During the course of investigation, the statement of the mother of the child had been recorded, as the child had been stated to be too frightened to narrate the incident herself. On the basis of the statement of the mother of the victim, the present FIR had been registered.

3. During the course of investigation, the statement of the victim child under Section 164 of Cr.P.C. was recorded wherein she categorically alleged that the accused Armaan, who used to live in another lane, had pressed her chest when she had visited the nearby shop to buy something to eat. The accused was subsequently arrested. During investigation, the age proof of the victim child, i.e. MCD Birth Certificate was collected as per which her date of birth was 25.12.2004. After completion of investigation, the chargesheet was filed for commission of offence under Section 354 of the Indian Penal Code, 1860 [hereafter 'IPC‘] and Section 10 of the POCSO Act.

4. The learned Trial Court framed charges against the appellant for commission of offence under Sections 354/354A of the IPC and Section 10 of the POCSO Act. During the course of trial, prosecution examined 8 witnesses, as the examination of 4 witnesses had been dispensed with. The statement of the accused was recorded and defence evidence was also led by the accused. Upon conclusion of trial, the learned Trial Court convicted the accused for the offence punishable under Sections 354/354A IPC and Section 8 of the POCSO Act, vide impugned judgment dated 07.12.2024.

5. By way of the impugned order on sentence dated 31.01.2025, the appellant was then sentenced to undergo rigorous imprisonment for a period of four years along with payment of fine of Rs.10,000. No separate sentence was awarded to the appellant for the offences punishable under Sections 354/354A of IPC. In default of payment of fine, the appellant was directed to further undergo simple imprisonment for a period of thirty days.

6. Aggrieved by his conviction, the appellant has approached this Court by way of the pres