CRL.A. 321/2016

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IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Reserved on:

21^st January, 2022

Pronounced on: 04^th March, 2022

+

CRL.A. 321/2016 & CRL.M (BAIL) No. 385/2020

LAXMAN @ LUCKY

..... Appellant

Through:

Mr. Vijay Kumar Shukla, Ms.

Nupur Shukla, Mr. Anirudh

Gulati and Mr. Digant Mishra,

Advocates

versus

STATE

.... Respondent

Through:

Mr. Panna Lal Sharma, APP.

CORAM:

HON’BLE MR. JUSTICE CHANDRA DHARI SINGH

(J U D G E M E N T)

CHANDRA DHARI SINGH, J.

1.

The instant appeal has been filed under section 374 of the Code

of Criminal Procedure Code, 1973 (hereinafter “Cr.P.C.”) by the

Appellant/Accused against the judgment of conviction dated 15^th

January, 2016 passed by learned Additional Sessions Judge-01, North

District, Rohini, Delhi (hereinafter “learned ASJ”) in Session Case

(SC) No. 39/2015, wherein Appellant/Accused was convicted for the

offences punishable under sections 323/506(II)/377 of the Indian

Penal Code, 1860 (hereinafter “IPC”) and under Section 6 of the

2022:DHC:814

CRL.A. 321/2016

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Protection of Children from Sexual Offences Act, 2012 (hereinafter

“POCSO Act”), and vide order on sentence dated 28^th January, 2016,

Appellant/Accused had been awarded with the following sentences:

Rigorous Imprisonment for a period of 10 years along with fine

of Rs. 5,000/-, in default Simple Imprisonment for a period of 1

month for the offence punishable under Section 6 of the

POCSO Act;

Rigorous Imprisonment for a period of 3 months along with fine

of Rs. 1,000/-, in default further Simple Imprisonment for a

period of 10 days for the offence punishable each for offences

under Section 323 of the IPC;

Rigorous Imprisonment for a period of 1 year along with fine of

Rs. 1,000/-, in default further Simple Imprisonment for a period

of 1 month for the offence punishable each for offences under

Section 506 (II) of the IPC;

Since, sentence is awarded to the convict for the offence

punishable under Section 6 of the POCSO Act, no separate

sentence is awarded to convict for the offence punishable under

Section 377 of the IPC;

Sentences shall run concurrently and the benefit of Section 428

of the Cr.P.C is accorded to the convict.

2.

Factual matrix of the matter in nutshell is that the instant FIR

bearing No. 18/2015 was registered on the written complaint lodged

by the complainant/father of the victim. As per the FIR, on 5^th

January, 2015 at about 8:00 P.M., Complainant’s son aged about 10

years disclosed him that on the very same day at about 4:00 P.M.

2022:DHC:814

CRL.A. 321/2016

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Appellant/Accused herein took him to Nala (Drainage area), Near

DESU Colony, Rana Pratap Bagh, Delhi and committed sodomy

(unnatural sexual act) and threatened him not to tell the incident to

anybody otherwise he would kill him. On the said complaint instant

FIR was lodged and the Appellant/Accused was arrested on the same

day, i.e., on 5^th January, 2015.

3.

The offences levelled against the accused were triable by the

Sessions Court, therefore, the learned Magistrate wisely transmitted

the proceedings to the concerned Sessions Court for trial of the

accused within the purview of law. The learned ASJ framed the

charges against the accused, to which the Appellant/Accused pleaded

not guilty and claimed trial. In order to bring home guilt of the

accused, prosecution examined total 7 witnesses in this case namely,

PW-1: Victim; PW-2: Principal of the School in which the victim was

studying,who hadproved the date of birth of the victim as 28^th

December, 2005 as per his School Record which is Ex PW2/A-D;

PW-3: HC Jai Bhagwan; PW-4: Ct. Ram Swaroop; PW-5:

Complainant/father of the victim, who had deposed on the lines of his

complaint and proved it on record as Ex PW5/A; PW-6: Virender

Singh, learned Metropolitan Magistrate (hereinafter “learned MM”),

who recorded the statement of victim under Se