In this petition, the petitioner seeks direction by the High Court to set aside the main judgment dated 26.09.2019 which was passed by the Additional Sessions Judge, Tis Hazari Courts, Delhi. The petitioner also pleads for the order and judgment dated 06.01.2018 which was passed by the Metropolitan Magistrate, to be quashed by the Hon’ble High Court.
As per the case put forward by the prosecution, the petitioner had had carnal intercourse which is against the order of nature with the victim (name not disclosed), who is of age 12 years on 18.09.2011 at about 8:00pm at B-Block Park, Raghubir Nagar, Delhi. After investigation, charge-sheet was filed by the police and the petitioner was found guilty under section 377 of the Indian Penal Code, 1860. The petitioner pleaded not guilty and claimed trial. The prosecution, in order to prove its case examined a total of eight witnesses but the counsel for the petitioner has not examined a single witness to prove his case. The Trial Court found the petitioner guilty and convicted him under section 377 IPC for three years of simple imprisonment and compensation of Rs. 20,000, in default of which an additional three months imprisonment is given.
The contentions advanced by the petitioner’s counsel were that the petitioner does not have any past criminal record. He is 27 years and is married and has undertaken to not indulge in any criminal activity in future as well. He also submitted that since he has already completed 18 months of imprisonment out of the 36 months (3 year) imprisonment awarded to him, he may be released on the period already undergone. To this, the learned Additional Public Prosecutor submitted that if the petitioner is to be released on this ground then, he shall pay the compensation of Rs. 20,000 as directed by the Trial Court. The counsel for petitioner agrees.
Hence, the court directs the petitioner to pay the compensation amount of R.s 20,000 in favour of the victim as directed by the Trial Court and he be released on the period of imprisonment already undergone.