Purushaindra Kumar Kaurav JUDGMENT
Purushaindra Kumar Kaurav, J.
1. This revision under Sections 397/401 read with Section 482 of the Code of Criminal Procedure, 1973 is directed against the order on charge dated 11.02.2019 and consequent framing of charge dated 08.04.2019 against the petitioner, by the learned Additional Sessions Judge- 06 (East) Karkardooma Courts, Delhi in SC No. 354/2017.
2. The learned Additional Sessions Judge, vide impugned order, while recording a prima facie finding, has framed charges against the petitioner for offences punishable under Section 10 read with Section 9(l)(m)(n)/12 of Protection of Children from Sexual Offences Act, 2012 ('hereinafter referred as 'POCSO Act' 2012) as well as offences punishable under Sections 354/354A/354B/506/509 of IPC.
3. The brief facts of the case are that the respondent no. 2/victim (hereinafter referred as 'victim') is the daughter of the accused. On 07.12.2016, an FIR No. 0431/2016 was lodged by the victim at Police Station Preet Vihar, District-East Delhi, against the petitioner stating therein that the victim was subjected to molestation by the petitioner since 05.06.2012. The full narration of the FIR is not being repeated as the same has been referred by the learned Court below, in extenso. The police after registering the FIR conducted the investigation. The statement under Section 164 of Cr.P.C. was recorded and the MLC of the victim was also got conducted. The victim corroborated her version of the complaint in her statement under Section 164 of Cr.P.C.
4. As per the school record, the date of birth of the victim was found to be 11.04.2002 and, accordingly, on the first date of commission of offence the victim was about 10 years of age. The police during the investigation found that there is sufficient evidence on record to charge-sheet the petitioner for the commission of offence of attempt to rape the victim and further sexual assault on her.
5. After the filing of the chargesheet, the learned Sessions Judge vide first impugned order dated 11.02.2019 has found that the petitioner has prima facie found to have committed offence punishable under Section 10 read with Section 9(l)(m)(n)/12 of POCSO Act as well as offence punishable under Section 354/354A/354B/506/509 of IPC. Accordingly, vide order dated 08.04.2019 the learned court below has framed charges for the said offence.
6. The petitioner being agg........