JAGAT vs GOVT OF NCT OF DELHI AND ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 25.08.2025 Pronounced on : 27.08.2025 + CRL.A. 372/2024 JAGAT .....Appellant Through: Ms. Tanya Aggarwal (DHCLSC), Advocate. Versus GOVT OF NCT OF DELHI AND ANR .....Respondent Through: Mr. Pradeep Gahalot, APP for State with SI Meenakshi PS Neb Sarai, Delhi. Mr. Archit Upadhayay, Advocate for victim. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. By way of the present appeal, the appellant seeks to assail the judgment of conviction dated 01.12.2023 and the order on sentence dated 06.02.2024, passed by the learned Additional Sessions Judge-01, Special Court (POCSO), South District, Saket Courts, Delhi, in SC No. 193/2017 arising out of FIR No. 117/2017 registered under Sections 376/366A IPC and Section 6 POCSO at P.S. Neb Sarai. Vide the order on sentence, the appellant was sentenced to undergo RI for 10 years and to pay a fine of Rs.25,000/- for the offence under Section 376(2) IPC, and in default of payment of fine, to further undergo SI for 1 year. He was further sentenced to undergo RI for 4 years and to pay a fine of Signature Not Verified Digitally Signed CRL.A. No. 372/2024 Page 1 of 13 By:GAUTAM ASWAL Signing Date:27.08.2025 14:34:54 Rs.10,000/- for the offence under Section 366A IPC, and in default of payment of fine, to further undergo SI for 4 months. Both the sentences were directed to run concurrently and the benefit of Section 428 Cr.P.C. was extended to him. 2. The facts, in a nutshell, as noted by the Trial Court are extracted hereunder: “Succinctly, the facts of the case unfolded from the charge sheet filed u/s 173 of Criminal Procedure Code (for short CrPC) are that on receipt of DD No. 32A dated 14.03.2017, on the directions of SHO, IO W/SI Jitendra Negi alongwith W/Ct. Shanti and Ct.