HARSH KUMAR @ HONEY vs THE STATE (GOVT OF NCT), DELHI

Judgment text excerpt

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: December 22, 2025 + CRL.A. 1453/2025 HARSH KUMAR @ HONEY .....Appellant Through: Mr. Shiv Chopra, Mr. Shravan Pandy, Ms. Surbhi Arora and Ms. Shivani, Advocates. versus THE STATE (GOVT OF NCT) DELHI .....Respondent Through: Mr. Sunil Kumar Gautam, APP for the State with SI Anjali Sharma, PS Ambedkar Nagar. Ms. Divya Yadav, Advocate (Amicus Curiae) for victim. CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN AMIT MAHAJAN, J. (Oral) CRL.M.A. 31201/2025 (Exemption) 1. Exemption allowed, subject to all just exceptions. 2. The application stands disposed of. CRL.A. 1453/2025 3. The present appeal is filed by the appellant challenging the judgment dated 22.08.2025 (‘impugned judgment’) and order on sentence dated 19.09.2025 (‘impugned order on sentence’), passed by learned Additional Sessions Judge (Specia Court- Signature Not Verified Signed By:DEEPANSHU CRL.A. 1453/2025 Page 1 of 4 Signing Date:22.12.2025 20:40:26 POCSO) South District, Saket Courts, New Delhi in SC No. 74/2024 arising out of FIR No. 611/2023 registered at police station Ambedkar Nagar. 4. By the impugned judgment, the appellant was convicted for the offence under Section 363 of the Indian Penal Code, 1860 (‘IPC’). By the impugned order on sentence, the appellant was sentenced to undergo rigorous imprisonment for a period of 05 years. 5. The learned counsel for the appellant submits that the appellant has been rightly acquitted for the offence under Section 376 IPC, however, still convicted for offence under Section 363 of the IPC. He submits that the victim in her deposition had categorically stated that she was in romantic consensual relationship with the appellant. However, she got angry on reading the chats of the appellant with his sister-in-law.