JASWINDER SINGH ALIAS KAKE ALIAS SARDAR vs STATE OF NCT OF DELHI & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 05.08.2025 Pronounced on : 12.08.2025 + CRL.A. 195/2024 JASWINDER SINGH ALIAS KAKE ALIAS SARDAR .....Appellant Through: Mr. Himanshu Anand Gupta, (DHCLSC), Mr. Bekhar Anand Gupta, Mr. Anvesh Verma, Ms. Navneet Kaur, Mr. Sidhartha Barua and Mr. Ishwar Chandra, Advocates. versus STATE OF NCT OF DELHI & ANR .....Respondents Through: Mr. Pradeep Gahalot, APP for State with SI Jatin Kaushik PS Raj Park CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present appeal filed under Section 374(2) read with Section 482 Cr.P.C., has been instituted assailing the judgement of conviction dated 21.10.2023 vide which the has been convicted for offences punishable under Sections 5 (m), (n) & (p) punishable under Section 6 POCSO Act and order of sentence dated 15.01.2024 in Sessions Case No. 972/2019 arising out of FIR No. 703/2019 registered under Sections 377/380 IPC & 6 of POCSO Act at P.S. Raj Park. Vide order on sentence, appellant was sentenced to undergo RI for 20 years for the offence under Sections 5 (m), (n) & (p) punishable under Section 6 POCSO Act, along with a fine of Rs.5,000/- in default of payment Signature Not Verified Signed By:GAUTAM CRL.A. 195/2024 Page 1 of 12 ASWAL Signing Date:12.08.2025 18:28:40 of fine, appellant was sentenced to undergo simple imprisonment for 02 months. The appellants were also given the benefit of Section 428 CrPC. 2. The facts as noted by the Trial Court in the impugned judgement are extracted herein below:- “In brief, as per the charge-sheet, on 22.09.2019, DD No. 22A was marked to HC Munde Tuka Ram and thereafter SI Kulbir was called to the spot. The victim 'S' had been sent in a PCR to SGM Hospital for his medical examination and in his MLC, the alleged history of sexual