SANDEEP JHA @ SANDY vs STATE OF NCT OF DELHI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 03.12.2025 Pronounced on : 10.12.2025 Uploaded on : 10.12.2025 + CRL.A. 958/2017 SANDEEP JHA @ SANDY .....Appellant Through: Mr. Chetan Lokur, Advocate versus STATE OF NCT OF DELHI .....Respondent Through: Ms. Shubhi Gupta, APP for State with SI Rajesh Kumar, P.S. Vijay Vihar. Mr. Shantanu Agarwal, Advocate (Amicus Curiae Pro Bono) with Mr.Parth Sarathi, Advocate for victim. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present appeal has been preferred by the appellant seeking setting aside of the judgment of conviction dated 08.08.2017, whereby the appellant was convicted for the offence punishable under Section 376 IPC; and the order on sentence dated 21.08.2017 vide which he was sentenced to undergo RI for a period of 7 years alongwith payment of fine of Rs.1,00,000/-, in default whereof he would undergo SI for 9 months. It was further directed that out of the said Rs.1,00,000/-, Rs.90,000/- be released to the prosecutrix as Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI CRL.A. 958/2017 Page 1 of 8 Signing Date:10.12.2025 19:12:56 compensation under Section 357(1)(b) Cr.P.C. The benefit of Section 428 Cr.P.C. was extended to the appellant. 2. The Trial Court noted the facts of the present case as under: “Prosecutrix/complainant 'S' (name withheld to protect privacy), resident of Hubli, West Bengal, studying in B.A. first year, lodged the first information report against accused Sandeep Jha @ Sandy s/o. Ameshwar Jha stating therein that she met and came to know accused during family function and thereafter their communication started on phone and also through SMS messages. Accused used to express his inclination to marry the complainant and on 24.12.2013, he came to Kolkata to meet