SHIV PRASHAD @ KARTARU vs STATE (GNCT) OF DELHI

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 12.12.2025 Pronounced on : 15.12.2025 Uploaded on : 15.12.2025 CRL.A. 653/2023 SHIV PRASHAD @ KARTARU .....Appellant Through: Mr. Bhavesh Seth and Mr. Siddharth Kaushal, Advocates versus STATE (NCT OF DELHI) .....Respondent Through: Ms. Shubhi Gupta, APP for State with SI Rinki Mr. Ankur Chhibber, Advocate (Amicus Curiae) for victim CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present appeal has been instituted against the impugned judgment dated 09.11.2022 and order on sentence dated 13.03.2023 passed by ASJ, FTSC (POCSO) District North, Rohini, New Delhi in SC No. 58889/2016 arising out of FIR No. 868/2015 under Sections 323/376/506 IPC and Section 6 of POCSO Act registered at PS. S.P. Badli, Delhi. 2. The applicant was convicted for offences under Section 6 of the POCSO Act and Sections 376/323 IPC and directed to undergo Rigorous Imprisonment (R.I.) for a period of ten years and to pay a fine of ₹3,000/-, and in case of default of payment of fine, to undergo Simple Imprisonment 3. The sentence of the appellant was suspended by this Court on 28.05.2025. 4. The prosecution case, in a nutshell was that the pr