Pankaj v. State
Case brief
What is this about?
Appeal by appellant convicted of aggravated penetrative sexual assault under POCSO Act against conviction and sentence under CrPC. Court upheld conviction and life sentence but enhanced compensation to Rs. 5 lakhs under Section 357A Cr PC based on victim's tender age.
What did the court decide?
Compensation enhanced to Rs. 5 lakhs under Section 357A Cr PC; appeal otherwise dismissed.
What the court decided
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI R-20 + CRL.A.839/2015 PANKAJ .....Appellant Through: Mr. Ankur Sood with Ms. Romila Mandal, Advocates. versus STATE ....Respondent Through: Mr. Kewal Singh Ahuja, APP for the State.
CORAM: JUSTICE S. MURALIDHAR JUSTICE VINOD GOEL
JUDGMENT 17.09. 2018
Dr. S. Muralidhar, J. :
- This is an appeal against the judgment dated 16th January 2015 passed by Additional Sessions Judge (North-West)-01 (HEREAFTER THE „TRIAL Court‟) in SC No.40/2014 arising out of FIR No.239/2013 registered at PS Vijay Vihar finding the Appellant guilty of the offence under Section 5(m) POCSO Act punishable under Section 6 POCSO Act. It also seeks to assail the order on sentence dated 20th January 2015 whereby he was sentenced for the aforesaid offence by the trial Court to rigorous imprisonment for life
Crl.A.839/2015
Page 1 of 10
with fine of Rs.5,000/- and in default of payment of fine, to undergo further simple imprisonment for three months.
- The trial Court also directed the Secretary of the District Legal Services Authority (DLSA) (North-West) (NW) to grant compensation of Rs.2 lakhs to the victim child to be used for his welfare and rehabilitation.
Issues for consideration
3 issues framed by the court
Whether the conviction based on the child witness testimony is safe in light of medical and forensic corroboration.
Whether the life sentence awarded for aggravated penetrative sexual assault is appropriate.
Whether the compensation awarded to the victim should be enhanced from Rs. 2 lakhs to the statutory maximum of Rs. 5 lakhs.
Parties & counsel
- appellant
Pankaj
- respondent
State
Coram
S. Muralidhar
Case details
As recorded by the court registry
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