Delhi District Court
State vs Mr.Hasan on 19 March, 2018
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IN THE COURT OF MS. NIVEDITA ANIL SHARMA,
ADDITIONAL SESSIONS JUDGE-01, WEST,
SPECIAL COURT UNDER THE PROTECTION OF
CHILDREN FROM SEXUAL OFFENCES ACT, 2012,
TIS HAZARI COURTS, DELHI
New Sessions Case Number : 56282/2016.
Old Sessions Case Number : 48/2014.
State
versus
Mr.Hasan
Son of Mr.Nabi Ahmed @ Tani
Resident of Jhuggi B-61, Ramesh Nagar,
New Delhi.
First Information Report Number : 332/2013.
Police Station Kirti Nagar
Under sections 354A/354D/34 of the Indian Penal Code
and under section 11/12 of the POCSO Act.
Date of filing of the charge sheet : 04.02.2014.
Arguments concluded on : 19.03.2018.
Date of judgment : 19.03.2018.
Appearances: Ms. Nimmi Sisodia, Additional Public Prosecutor for the
State.
Ms. Shradha Vaid, counsel for Delhi Commission for
Women.
Accused Mr.Hasan on bail with counsel, Mr.Anil Kumar
Kaushik.
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JUDGMENT
New Sessions Case Number :56282/2016 Old Sessions Case Number : 48/2014 FIR No.:332/2013 Police Station: Kirti Nagar.
Under sections 354-A/354-D/34 IPC. and under section 11/12 of the POCSO Act State v. Hasan. -:: Page 6 of 6::-
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1. Mr.Hasan, the accused, has been charge sheeted by Police Station Kirti Nagar for the offences under sections 354A/354D/34 of the Indian Penal Code (hereinafter referred to as the IPC) and under section 11/12 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the POCSO Act).
2. Accused Mr.Hasan has been prosecuted on the allegations that on 28.02.2013 at about 02.00 pm, he along with one Mr.Kabir (since not arrested) with sexual intent had used obscene gestures to the prosecutrix (aged about 17 years).
3. The name, age and particulars of the prosecutrix are mentioned in the file and are withheld to protect her identity and she is hereinafter addressed as Ms.X, a fictitious identity given to her.
4. After hearing arguments, charge for offences under section 12 of the POCSO Act read with section 34 of the IPC was framed against accused Mr.Hasan vide order dated 15.05.2014 by the learned predecessor of this Court to which the accused had pleaded not guilty and claimed trial.
5. In order to prove its case, the prosecution has examined as many as two (02) witnesses i.e. HC Anil Kumar, Duty Officer who had recorded the formal FIR of this case, as PW1 and Ms. X, New Sessions Case Number :56282/2016 Old Sessions Case Number : 48/2014 FIR No.:332/2013 Police Station: Kirti Nagar.
Under sections 354-A/354-D/34 IPC. and under section 11/12 of the POCSO Act State v. Hasan. -:: Page 6 of 6::-
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Prosecutrix, as PW2.
6. The prosecutrix Ms.X, as PW2 has clearly deposed about the role of the accused. She has also deposed in her examination in chief that "....Kabir was making talk with me on telephone and Hassan was listening to our talks.....Kabir fled from there and he could not be caught till today and Hassan was caught by my father...Hasan Ney to Mere Sath Kabhi Bat Nahin Ki, Kabir Ka Phone Aaya Tha." Nothing material for the prosecution has come forth in her cross examination on behalf of the Additional Public prosecutor for State. The counsel for accused has not cross examined her despite opportunity being given. The prosecutrix turned hostile and did not support the prosecution case.
7. During the trial of the case, at this stage of prosecution evidence, on 28.02.2018, the counsel for accused had moved an application on behalf of the accused for pleading guilty. Accused had been told the consequences of pleading guilty but he has persisted in his plea of guilt. In the interest of justice, he was given time to think over the matter.
8. Today i.e. 19.03.2018, again the accused has been told about the consequences of pleading guilty but he has persisted in his plea of New Sessions Case Number :56282/2016 Old Sessions Case Number : 48/2014 FIR No.:332/2013 Police Station: Kirti Nagar.
Under sections 354-A/354-D/34 IPC. and under section 11/12 of the POCSO Act State v. Hasan. -:: Page 6 of 6::-
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guilt. It appears that the accused is voluntarily pleading guilty despite being told the consequences and understanding the same, as he has still continued to persist in his plea of guilt.
9. Statement under section 313 of the Criminal Procedure Code (hereinafter referred to as the Cr.P.C.) of the accused has been recorded separately wherein the accused has stated as follows :
"I admit that I have committed the offences regarding which I have been prosecuted in the present case.
I have already moved an application for pleading guilty. The application is Ex.DX-1 and it bears my signatures at point A. I admit that on 28.02.2013 at about 2.00 pm at service road, Ramesh Nagar, Near Ganda Nala, Delhi, I along with one Kabir (since not arrested) in furtherance of common intention with sexual intent had used obscene gestures to the prosecutrix Ms. X aged about 17 years.
I admit my guilt. I pray that a lenient view may be taken against me as I am aged about 24 years. I am illiterate. I am the sole bread winner of my family comprising of my aged parents wife and three minor children. I am working privately in a showroom and earned Rs.7000/- per month. I do not have any immoveable property. I do not have any other source of income. I am not involved in any other criminal activity. I New Sessions Case Number :56282/2016 Old Sessions Case Number : 48/2014 FIR No.:332/2013 Police Station: Kirti Nagar.
Under sections 354-A/354-D/34 IPC. and under section 11/12 of the POCSO Act State v. Hasan. -:: Page 6 of 6::-
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assure that I shall not commit any offence in future. "
10. After hearing the accused and his counsel, it appears that the accused is pleading guilty voluntarily and without any threat, fear, pressure, influence and coercion. His plea of guilt is accepted.
11.Although, it is clear from the evidence of the prosecutrix (PW2) that she has not very specifically deposed anything incriminating against accused Mr.Hasan but his presence at the spot and his ap- prehension at the spot have been brought in her evidence.
12.In view of the evidence led by the prosecution especially Ms.X, the prosecurix (PW2) as well as the plea of guilt of accused Mr.Hasan, the conscience of this Court is satisfied that the ac- cused has committed the offences punishable under section 12 of the POCSO Act read with section 34 IPC.
13.It is clear that on 28.02.2013 at about 02:00 pm, accused Mr.Hasan along with one Mr. Kabir (since not arrested) with sex- ual intent used obscene gestures to the prosecutrix (aged about 17 years).
14.Consequently, in view of the evidence led by the prosecution and as accused Mr. Hasan has pleaded guilty to the offence under sec-
New Sessions Case Number :56282/2016 Old Sessions Case Number : 48/2014 FIR No.:332/2013 Police Station: Kirti Nagar.
Under sections 354-A/354-D/34 IPC. and under section 11/12 of the POCSO Act State v. Hasan. -:: Page 6 of 6::-
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tion 12 of the POCSO Act read with section 34 of IPC for sexual harassment to a minor girl child and outraging the modesty of mi- nor girl, he is hereby convicted for having committed the offence under section 12 of the POCSO Act read with section 34 of IPC.
15.Let the convict be heard on the point of sentence.
Digitally signed by NIVEDITA NIVEDITA ANIL SHARMA
ANIL SHARMA Date: 2018.03.24
14:16:13 +0530
Announced in the open Court on (NIVEDITA ANIL SHARMA)
this 19th day of March, 2018. Additional Sessions Judge-01, Special Court Under The POCSO Act, West, Tis Hazari Courts, Delhi.
********************************************************** New Sessions Case Number :56282/2016 Old Sessions Case Number : 48/2014 FIR No.:332/2013 Police Station: Kirti Nagar.
Under sections 354-A/354-D/34 IPC. and under section 11/12 of the POCSO Act State v. Hasan. -:: Page 6 of 6::-