The court held that the victim's identification of the appellant and corroborative evidence was sufficient for conviction under POCSO and IPC, while mitigating factors allowed for sentence reduction from life imprisonment to 10 years.

JUDGMENT :

MADHU JAIN, J.

1. The present appeal has been filed by the Appellant under Section 415 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter, ‘ BNSS ’) assailing the impugned judgment dated 21st March, 2025 (hereinafter, ‘impugned order’) and order on sentence dated 25th March, 2025, passed by ld. ASJ-06 (POCSO Act), South East, Saket Court, Delhi inSessions Case No.290/2017.

2. The present case arises out ofFIR No.101/2017 registered at P.S. Govind Puri dated 14th March, 2017 under Sections 376 /366 of the Indian Penal Code, 1860 (hereinafter, ‘ IPC ’) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter, ‘POCSO Act’). The Appellant herein has been charged with the offences of kidnapping, rape, criminal intimidation, and aggravated penetrative sexual assault in respect of the Prosecutrix, who was a minor at the relevant time. The allegations include the insertion of his finger into her vagina.

3. By the impugned judgment of conviction and order of sentence, the Appellant was sentenced to rigorous imprisonment for life with fine under Section 6 POCSO, rigorous imprisonment for 5 years under Section 363 IPC along with fine and 2 years rigorous imprisonment under Section 506 , with all sentences to run concurrently, and was directed to pay Rs.2,00,000/- as compensation to the Prosecutrix. The ld. Trial Court further awarded enhanced compensation of Rs.12,00,000/- under the Delhi Victim Compensation Scheme, 2018, to be kept in FDR till the Prosecutrix attains majority, subject to adjustment of any interim compensation. The relevant portion of the order on sentence is reproduced hereinbelow:

“4. I have heard the arguments and have gone through the records.

5. In the present case, the convict was unknown to the victim. On the fateful evening of 13.03.2017, when the victim was playing alone in the park, convict kidnapped victim and took her to the place of incident. He inserted his fingers in the urinating part of the victim. He left the victim at fish market and victim returned to her house on her own. At that time, she was bleeding from her perineum. She was immediately taken to the hospital and was operated for post vaginal injuries. It is clear from the medical documents of the victim that a 3^rd degree perineal tear was found in the area between vaginal opening and anus. The 3^rd degree tear is considered to be severe as it involves damage to the perineum that extends into the anal sphincter muscles and requires surgical repair.

6. The victim was just age about 6 years at the time of offence. She had gone to the nearby park of her residence to play. However, she was kidnapped and was subjected to the most horrifying crime. The severity of the offence can be measured from the injuries on her perineum region. At the age of six years, without any fault of her, she had to undergo pediatric surgery for repair of her perineum region. She remained admitted in the hospital for around 15 days. The physical pain and the mental trauma that a small child of six years of age had to undergo cannot be measured by any yard stick. The victim was not even knowing as per what had happened with her and she explained the incident in her own language by stating "Uncle ne ungli