2019 (6) ADR 133 ::AIROnline 2019 Del 1221 ::(2019) 263 DLT 24

Delhi High Court

Hon'ble Judge(s): C. Hari Shankar , J

Penal Code (45 of 1860) , S.366, S.376, S.506— Protection of Children From Sexual Offences Act (32 of 2012) , S.5, S.6— Evidence Act (1 of 1872) , S.3— Kidnapping and rape or aggravated penetrative sexual assault - Appreciation of evidence - Cogent, reliable and consistent testimony of prosecutrix - Same corroborated by other witnesses - Age of prosecutrix proved to be 13 years at time of alleged incident - Offence of "aggravated penetrative sexual assault", within meaning of S.5 of Act, clearly made out - Penetration of penis, to any extent, into vagina, mouth, urethra or anus, of prosecutrix, answers definition of "rape" - Guilt of accused proved beyond doubt - Conviction, proper - Since offence perpetrated by accused on prosecutrix falls both within clause (i) of S.376 (2) of IPC and S.6 of POCSO Act, it merits punishment under former provision. (Para 40 43 48 50) .....