T.M ZHYMES vs STATE OF NCT OF DELHI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 4th November, 2025 Pronounced on: 18th December, 2025 Uploaded on: 18th December, 2025 + CRL.A. 761/2025 & CRL.M.(BAIL) 1183/2025 T.M ZHYMES .....Appellant Through: Ms. Neha Kapoor and Mr. Kashal Mehta, Advocates. versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Hitesh Vali, APP for the State along with SI Amisha Kumari, PS SJ Enclave, N.D. Ms. Liyi Manli Noshi, Ms. Shagun Pahashar, Mr. Dani Uja and Ms. Anailu Hakuag, Advocates for the Complainant. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA JUDGMENT SANJEEV NARULA, J.: 1. This appeal under Section 415 of the Bharatiya Nagarik Suraksha Sanhita1 (corresponding to Section 374 of the Code of Criminal Procedure, 19732) arises from SC No. 7729/2016 relating to FIR No. 93/2016 dated 27th January, 2016, registered at P.S. Safdarjung Enclave for the offence under Section 363 of the Indian Penal Code, 18603. By judgment dated 30th 1 “BNSS” 2 “CrPC” 3 “IPC” Signature Not Verified Digitally Signed By:ANITA BAITAL CRL.A. 761/2025 Page 1 of 27 Signing Date:18.12.2025 19:39:30 November, 2024, the Additional Sessions Judge (SC – POCSO), South District, Saket Courts, New Delhi has convicted the Appellant under Sections 376(2)(i) and 366 of IPC read with Section 4 of the Protection of Children from Sexual Offences Act, 20124. By a separate order dated 24th February, 2025, the Appellant has been sentenced to rigorous imprisonment for fourteen years and a fine of INR 50,000/- (in default, simple imprisonment for five months) for the offence under Section 376(2)(i) IPC and rigorous imprisonment for ten years with a fine of INR 10,000/- (in default, one month’s simple imprisonment) for the offence under Section 366 IPC. The sentences were directed to run concurrently. FACTUAL MAT