X vs STATE (NCTD) AND ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 24.07.2024 Pronounced on : 26.08.2025 + CRL.A. 664/2024, CRL. M(B) 1255/2024 X .....Appellant Through: Ms. Manika Tripathy, Advocate (DHCLSC) with Mr. Gautam Yadav, Advocate versus STATE (NCTD) AND ANR .....Respondents Through: Mr. Pradeep Gahalot, APP for State with WSI Soni Lal PS Nabi Karim, Delhi Mr. Archit Upadhyay, Advocate (DHCLSC) for respondent No.2 CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT CRL. M(B) 1255/2024 1. With the consent of parties, the appeal itself is taken up for hearing. 2. In view of the above, the present application becomes infructuous and is disposed of as such. CRL.A. 664/2024 1. By way of the present appeal, the appellant (father of child victim) seeks to assail the judgement of conviction dated 25.09.2023 in Session Case No.816/2017, vide which he has been convicted Sections 376(2)(f) & (n)/377 of IPC and Section 6 of POCSO Act. Signature Not Verified Digitally Signed CRL.A. 664/2024 Page 1 of 13 By:GAUTAM ASWAL Signing Date:26.08.2025 18:57:07 Vide order on sentence dated 01.03.2024, he was directed to undergo rigorous imprisonment for a period of 10 years for the offence punishable under Section 6 of POCSO Act alongwith payment of fine of Rs.1,000/-, in default whereof he was directed to further undergo simple imprisonment for a period of 1 month. The benefit of Section 428 Cr.P.C. was provided to the appellant. 2. Briefly, the facts in a nutshell are that on 22.09.2017, the prosecutrix ‘A’ aged about 9 years, accompanied by her class teacher ‘M’ appeared in the Police Station and made following statements against her own father: - “आपका नाम क्या है? - 'A' आपकी मम्मी का क्या नाम है? - RK आपकी उम्र क्या है? - 9 साल आप कौन सी क्लास में पढ़ती हो? तीसरी कक्षा में आप कौन से स्