RAJ KISHORE vs STATE

Judgment text excerpt

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 30.01.2025 + CRL.A. 483/2016, CRL.M.A. 7490/2021, CRL.M.(BAIL) 799/2022 RAJ KISHORE .....Appellant Through: Mr. Krishan Kumar, Mr. Kishan Bedi, Advs. versus STATE ....Respondent Through: Mr. Pardeep Gahlot, APP CORAM: HON'BLE MR. JUSTICE JASMEET SINGH : JASMEET SINGH, J (ORAL) 1. This is an appeal seeking to challenge the judgment dated 08.01.2016 and order of sentence dated 11.01.2016 passed by the learned ASJ-01, Rohini District Courts, New Delhi in SC No. 58/2014 pertaining to FIR No. 372/2013 registered at PS Khanjawala under Sections 363 of the Indian Penal Code (“IPC”). 2. Vide the impugned judgement, the appellant was acquitted under Sections 363 and 366 of IPC and was convicted under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (“POCSO Act”). 3. Vide the impugned order of sentence, the appellant was sentenced with rigorous imprisonment of 10 years with a fine of Rs. 10,000/- under Section 6 of POCSO Act. FACTUAL BACKGROUND 4. The brief facts of the case are that on 12.11.2013, the father of the prosecutrix registered a complaint regarding the missing of his daughter aged about 13 years. The prosecutrix had gone to school but did not Digitally Signed CRL.A. 483/2016 Page 1 of 18 By:MAYANK Signing Date:28.02.2025 17:24:17 return home. The complainant expressed his doubt on the appellant. 5. During the course of investigation, the prosecutrix and the appellant were apprehended on 28.11.2013 at Abu Fazal Enclave, Sarita Vihar, Delhi. 6. The prosecutrix was medically examined and her statement under Section 164 CrPC was recorded. The appellant was also arrested. 7. On 29.04.2014, charges under Sections 363 and 366 of IPC and under Section 5(l) punishable under Section 6 of POCSO