JUDGEMENT
Manoj Kumar Ohri, J. -
(1.)The present appeal is instituted against the judgment dated 08.01.2013 passed by Addl. Sessions Judge in FIR No. 58/2012 registered under Sections 354/367/384/34 IPC & Sections 67A and 67B of the IT Act, Police Station Chankyapuri, Delhi whereby the petitioner was convicted for the offence punishable under Section 367/354 IPC, Section 67A IT Act and also for the offence punishable under Section 384 read with Section 34 IPC.
(2.)That vide order on sentence dated 10.01.2013, the appellant was sentenced as under:-
(i) rigorous imprisonment of 04 years and fine of Rs. 5,000 I- under Section 367 IPC. In default of payment of fine, convict shall undergo simple imprisonment for three months; and
(ii) rigorous imprisonment of 02 years under Section 354 IPC; and
(iii) rigorous imprisonment of 03 years under Section 384 IPC; and
(iv) rigorous imprisonment of 04 years and fine of Rs. 5000 I- under Section 67 A if the IT Act. In default of payment of fine, convict shall undergo simple imprisonment for three months
(3.)Briefly the facts noted by the trial court are as under:
"1.0 Prosecution case is that the accused who lived nearby, allured the minor prosecutrix to a jungle near Madhu Limay Marg, where he molested her by caressing her breasts after making her lie down on the ground; he also forcibly made her unchain his pants and made her suck his penis. He also prepared a video clip of this act on his mobile phone. Subsequently, the accused passed on this video clip to another boy namely Sanju Topo (juvenile), who lived in the neighbourhood at D-1/68, Servant Quarter, Satya Marg, Chanakya Puri, New Delhi. The said Sanju Topo (juvenile) told the prosecutrix that accused Sonu passed on her video clip to him and that he would put it on the internet. He also told her that in case she paid him Rs.l500/-, then he will not put it on the net. On which, the prosecutrix expressed her inability to pay such a large amount. Juvenile Sanju Topo then told her that she would have to pay minimum sum of Rs.800/- otherwise, he would put the video clip on the internet. The prosecutrix gave Rs.300/- to Sanju top (Juvenile) out of her savings. But, Sanju Topo (juvenile) told her that same is not sufficient and again threatened her. On which, the prosecutrix stole her mother's tops (earrings) and locket and gave the same to Sanju Topo (juvenile).
1.1 On prosecutrix's parents discovering the said gold articles to be missing, reported the matter to police. During investigation, the prosecutrix revealed the entire facts and that she had handed over her mother's jewellery to Sanju Topo (juvenile). On further investigation juvenile revealed that he had already sold off the said jewellery articles. During further investigation, two mobile phones of make Nokia from the custody of accused Sonu and one mobile phone of make Rokea from Sanju Topo (juvenile) were recovered and seized and the same were sent to FSL, Rohini for examination."
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