RAM PRAVESH THAKUR Vs. STATE OF N.C.T. OF DELHI

JUDGEMENT

(1.) In this appeal filed under Ss. 415 read with 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (the BNSS), the sole accused in Sessions Case No. 254/2022 on the file of the Additional Sessions Judge (PoCSO), New Delhi District, Patiala House Courts, Delhi, assails the judgment dtd. 22/2/2025 and the order on sentence dtd. 12/7/2025, as per which, he has been convicted and sentenced for the offences punishable under Ss. 10 and 12 of the Protection of Children from Sexual Offences Act, 2012 (the PoCSO Act) and Ss. 354 and 354B of the Indian Penal Code, 1860 (the IPC).

(2.) The prosecution case is that on 3/4/2022, between 03:30 to 04:00 PM, the accused, the fufa (uncle) of PW1, sexually assaulted and outraged her modesty by attempting to undress her and exhibiting his private part to her. Hence, as per the chargesheet/ final report, the accused is alleged to have committed the offences punishable under Ss. 10 and 12 of the PoCSO Act and Ss. 354 and 509 IPC.

(3.) On the basis of Ext. PW1/A FIS/FIR of PW1 given on 3/4/2022, crime no. 199/2022, Sagar Pur police station, i.e., Ext. P1 dtd. 3/4/2022 alleging the commission of offences punishable under Ss. 10 and 12 of the PoCSO Act and Sec. 354 IPC was registered by Assistant Sub-Inspector, [Charge Witness no.6 (CW6)]. PW4, Sub-Inspector, Sagar Pur police station conducted investigation into the crime and on completion of the same, filed the chargesheet/final report alleging the commission of the offences punishable under Ss. 10 and 12 of the PoCSO Act and Ss. 354 IPC.