AJAY @ GANGA RAM vs STATE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 11.12.2025 Pronounced on : 16.12.2025 Uploaded on : 16.12.2025 + CRL.A. 409/2016 AJAY @ GANGA RAM .....Appellant Through: Ms. Inderjeet Sidhu, Advocate (DHCLSC) with Mr. Lalit Choudhary, Advocate versus STATE .....Respondent Through: Ms. Shubhi Gupta, APP for State with Ms. Yusra, Advocate with WSI Bimla, P.S. Shahbad Dairy. Ms. Gayatri Nandwani, Advocate (DHCLSC) 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 29.10.2014 and order on sentence dated 31.10.2014 in proceedings arising out of FIR No. 33/2013 registered under Sections 363/376/511 IPC and Section 10 POCSO at P.S. Shahbad Dairy. Vide the impugned order on sentence, the appellant was sentenced to undergo RI for a period of 3 years alongwith payment of fine of Rs.5,000/-, in default whereof he would undergo SI for 1 month, for the offence Signature Not Verified Digitally Signed By:PREM MOHAN CHOUDHARY CRL.A. 409/2016 Page 1 of 8 Signing Date:16.12.2025 23:02:36 punishable under Section 363 IPC; and RI for a period of 5 years alongwith payment of fine of Rs.5,000/-, in default whereof he would undergo SI for 1 month, for the offence punishable under Section 10 POCSO. Both sentences were directed to run concurrently and the benefit under Section 428 Cr.P.C. was granted to the appellant. 2. The case of the prosecution is that on 27.01.2013 at about 10:45 AM, the police received information about a girl aged around 3-4 years having been sexually molested by a boy in Sector 24, Rohini. The same was recorded as DD No. 17B and assigned to HC Sanjay Shinde for necessary action. Upon his reaching the concerned spot along with Ct. Mahesh, they discovere