ASHISH vs STATE OF NCT OF DELHI

Judgment text excerpt

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 27th August, 2025 + CRL.A. 269/2025 & CRL.M.A. 6930/2025, CRL.M.(BAIL) 486/2025 ASHISH .....Appellant Through: Mr. Akshya and Ms. Nupur Jhangala, Advocates. versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Mukesh Kumar, APP for the State with Mr. Naresh Dagar, Advocate. SI Bharat, PS: Uttam Nagar, W/SI Sushma, PS: Nangloi Metro, Ms. Soni Kampa, Senior Scientific Officer, FSL Rohini. Ms. Inderjeet Sidhu, Advocate for the Prosecutrix. Mr. Abhishek, Advocate for R-K. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA JUDGMENT SANJEEV NARULA, J. (Oral): 1. The present appeal under Section 415(2) of the Bharatiya Nagarik Suraksha Sanhita, 20231 Section 374(2) of the Code of Criminal Procedure, 1 “BNSS” Signature Not Verified Digitally Signed CRL.A. 269/2025 Page 1 of 23 By:NITIN KAIN Signing Date:08.09.2025 20:37:32 19732 assails judgment of conviction dated 04th December, 2024 and order on sentence dated 17th January, 2025 passed by the Court of ASJ (FTSC), (POCSO)-01, South-West District, Dwarka Courts in SC No. 223/2020. These proceedings emanate from FIR No. 443/2020 registered at P.S. Uttam Nagar for the offences under Section 376 of the Indian Penal Code, 18603 and Section 6 of the Protection of Children from Sexual Offences Act, 2012.4 2. A conviction under Section 376 IPC read with Section 6 of the POCSO Act entails the gravest stigma and the severest of sentences; and therefore, this Court is tasked to examine whether the finding of guilt is borne out by reliable evidence and in accordance with settled legal principles. The jurisdiction under Section 415(2) BNSS/Section 374(2) CrPC is not confined to errors of law alone, but extends to a reappraisal of the evidence, ensuring that both the conviction and