M vs THE STATE ( NCT OF DELHI)

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision:27.08.2025 + CRL.A. 329/2021 & CRL.M.(BAIL) 595/2022 M .....Appellant Through: Mr. Harsh Prabhakar, Advocate versus THE STATE ( NCT OF DELHI) .....Respondent Through: Ms. Shubhi Gupta, APP for State Mr. Faraz Maqbool, Advocate for the Complainant CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT (ORAL) CRL.M.(BAIL) 595/2022 (suspension of sentence) Since the arguments in the appeal itself have been heard, this application seeking suspension of sentence during pendency of the appeal has become infructuous, and is disposed of as such. CRL.A. 329/2021 1. By way of present appeal filed under Section 374 (2) Cr.P.C, the appellant has assailed the judgment of conviction dated 01.04.2021 and order on sentence dated 15.07.2021, ASJ-01 (POCSO) South-East District, Saket, New Delhi in SC case no. 2081/16 arising out of F.I.R. No. 435/14 registered under Sections 376/377/506 IPC & 6/14 POCSO Act, P.S. Jamia Nagar. Vide the impugned judgment and order on sentence, the appellant was Signature Not Verified Digitally Signed CRL.A. 329/2021 Pg.1 of 7 By:GAUTAM ASWAL Signing Date:28.08.2025 11:33:58 convicted under Section 6 POCSO Act and sentenced to undergo rigorous imprisonment for 12 years and along with a fine of Rs. 15,000/-. Further, he was sentenced to undergo rigorous imprisonment for 6 months alongwith fine of Rs. 5,000/- under Section 506 IPC. Both sentences were to run concurrently and in the event of his failure to pay the total fine amount, the convict was directed to undergo simple imprisonment for a period of 6 months. The benefit of Section 428 Cr.P.C was given to the appellant. 2. Briefly put, the facts as recorded by the Trial Court in the Impugned Judgement are:- “In brief the case of the prosecution is