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2. The present criminal appeal preferred by the appellant seeks setting aside of the impugned judgment dated 20.10.2023 and order on sentence dated 11.01.2024, passed by learned Additional Sessions Judge-05 (POCSO), North District, Rohini Courts, Delhi ('Trial Court'), in case arising out of FIR bearing No. 115/2018, registered at Police Station Mukharjee Nagar, for offences punishable under Sections 354C and 509 of the Indian Penal Code, 1860 ('IPC') and Section 12 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO') vide which the appellant has been sentenced to undergo simple imprisonment for a period of 03 years and pay a fine of Rs. 1,000/-.

FACTUAL BACKGROUND

3. The case set out by the prosecution is that the present FIR came to be registered upon a complaint filed by the father of the victim on 22.02.2018. The victim along with her father had lodged the present complaint on the premise that on 22.02.2018, at about 08:00 AM, while she was changing clothes in her room, she had felt that someone was peeping through her window and that this had happened several times. In order to confirm the same, she had gone outside the room near the said window, and had seen that her household help i.e. appellant Pintu Das was coming from the side of the window with a mobile phone in his hand. She had asked him as to what he was doing there. He had answered in a nervous state that he was doing some work. Thereafter, she had gone to school to collect her Class 12th Admit Card along with her mother and had not disclosed about this incident to her. After coming back from school, the victim had gone to the room of Pintu Das, where he was alone and was watching a video on his mobile phone and upon seeing her, he had got up from his bed and had dropped his mobile phone on the bed. The victim had immediately picked up the mobile phone and had seen her own video being played on it. Thereafter, she had shouted and called her mother and father. When they had come to that room, they had seen three videos of her, on the mobile phone of the appellant wherein, in one of the videos the victim was not wearing her lower. She was only wearing her underwear which was of orange color and a top of powder pink colour. She was getting ready for school and was talking to her friends while changing. In the second video, she was standing in front of the window with just her underwear worn and was about to wear her jeans. In the third video, she was standing in front of the mirror wearing her jeans and bra of black colour and she had walked towards her closet and wore a shirt of black colour. The victim was utterly shocked to see her videos. On the basis of complaint containing these allegations, the FIR bearing No. 115/2018 came to be registered under Sections 354C/509 of IPC and under Section 12 of POCSO Act on 22.10.2018.

4. The statement of the victim was recorded under Section 164 of the Cr.P.C by the learned Magistrate. After completion of investigation, charge-sheet was filed. The charges were framed under Sections 354C/509 of the IPC and Section 12 of POCSO Act. The accused had pleaded not guilty and had claimed the trial. After the conclusion of the trial, the accused was convicted in the present case resulting in the filing of the present appeal.

10. This Court has heard arguments addressed on behalf of both the parties, and also perused the material placed on record including the trial court record.

ANALYSIS & FINDINGS Relevant Provisions of Law

11. Since the appellant has been convicted and sentenced under Section 354C, 509 of IPC and Section 12 of POCSO Act, it would be apposite to refer to the said provisions. Section 354C of IPC is reproduced as under: