PAWAN KUMAR vs STATE NCT OF DELHI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 07.08.2025 % Pronounced on: 14.08.2025 + CRL.A. 946/2023 PAWAN .....Appellant Through: Mr. Sunil Choudhary and Mr. Lalit Kumar, Advocate from DHCLSC. versus STATE (NCT OF DELHI) .....Respondent Through: Mr. Pradeep Gahalot, APP for State. Ms. Cauveri Birbal, Ms. Nistha Dhal, Ms. Preksha Gaur and Mr. Kamlendu Panday, Advocates for Victim. 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 order of conviction dated 02.08.2023 vide which he has been convicted for offences punishable under 342/365/506/376 of IPC and Section 4 of the POCSO Act and order of sentence dated 15.09.2023 in Sessions Case No. 55/2018 arising out of FIR No.355/2017 registered under Sections 367/376/506/342 IPC & Section 6 of POCSO Act at P.S. Khyala. Vide order on sentence, while granting benefit of Section 428 CrPC, the appellant was sentenced to undergo: Signature Not Verified Digitally Signed CRL.A. 946/2023 Page 1 of 12 By:GAUTAM ASWAL (i) Rigorous Imprisonment (RI) for 20 years with a fine of Rs.5,000/- for the offence under Section 376(2)(i) IPC, in case of default to pay fine, he shall undergo Simple Imprisonment (SI) for 5 Months; (ii) RI for 5 years with a fine of Rs.2,000/- for the offence under Section 365 IPC, in case of default to pay fine, he shall undergo SI for 2 Months; (iii) RI for 2 years for the offence under Section 506 IPC; and (iv) RI 1 year for the offence under Section 342 IPC. 2. The trial court collated the facts and noted them as under: “1. On 01.12.2017, victim along with her parents went to PS Khyala and reported the offence of rape whereafter IO/SI Satyawati took the victim along with her month to DDU