Criminal Case No. 40/14
Delhi District Court
BENCH: Hon’ble Ms Illa Rawat J.
DATE OF JUDGEMENT: 16th January 2015
RELEVANT ACTS/SECTIONS:
- Section 377 (Unnatural offences)
- POCSO ACT 2012 (The Protection of Children from Sexual Offences Act was established to protect the children against offences like sexual abuse, sexual harassment and pornography)
BRIEF FACTS OF THE CASE
Police recorded the statement of complainant Smt. Reena, she stated that she was a housewife and had three sons and one daughter. Her eldest son S (victim) was aged about 6 years. On 05.05.2013, at about 10.30 am, S came to her crying in pain and told her that one person, who was residing above the factory, had committed the wrong act with him. Smt. Reena checked clothes of her son S and found bloodstains on his pant. She immediately went to the room above the factory and found accused Pankaj, present there. At that time, her son S pointed accused to her and told her that he was the same person, who had committed the wrong act with him (victim S). After hearing this, Smt. Reena began to scold the accused, on which, several public persons collected at the spot and gave beatings to the accused. Someone gave a call at 100 number. Police register FIR against Pankaj u/s 377 & pocso act 2012 and took the victim to BSA Hospital. Also collected the exhibits from the spot and sent to FSL, Rohini for further examination. The accused was arrested and got medically examined.
FORENSIC REPORT
Dr Manish had examined the patient i.e. victim S and observed that on examination, he found a nail mark present over right cheek near the angle of the mouth of the victim and one fresh laceration was also seen present over the anal region. According to the FSL report, DNA Fingerprinting was performed on the undergarment of the victim, bloodstain of accused, bed sheet it was concluded that seminal stains on the source of exhibits from the same source. FSL report further confirms that it was the accused Pankaj only and none other than him, who had committed a penetrative sexual assault upon the victim.
JUDGEMENT
Pankaj convicted for the offence punishable u/s 6 of POCSO Act.