JAMAL vs STATE OF NCT OF DELHI

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 12th February, 2025 + CRL.A. 635/2024 & CRL.M.(BAIL) 1207/2024 JAMAL .....Appellant Through: Ms. Aishwarya Rao, Advocate versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Ritesh Kumar Bahri, APP with Mr. Lalit Luthra & Ms. Divya Yadav, Advs. with SI Ashish Sharma, PS Nand Nagri. Ms. Anu Narula, Adv. (DHLSC) for Survivor CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE DHARMESH SHARMA Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. Background 2. The present appeal has been filed by the Appellant-Jamal challenging the impugned judgment dated 30th October, 2023. Vide the said judgment the Appellant has been found guilty of kidnapping and committing aggravated penetrative sexual assault upon the child victim and convicted under Section 6 of the POCSO Act1 read with Sections 376(2)(j) and 363 IPC by the learned Trial Court. 3. Vide the order on sentence dated 03rd January 2024, the Appellant has been sentenced for ‘Imprisonment for life which shall mean imprisonment for remainder of his natural life’ as per Section 376(2)(j) and seven years 1 Protection of Children from Sexual Offences Signature Not Verified Digitally Signed CRL.A. 635/2024 Page 1 of 23 By:DHIRENDER KUMAR Signing Date:17.02.2025 17:59 rigorous imprisonment under Section 363 IPC, which shall run concurrently. The operative portion of the order on sentence reads as under: “8. In order to fairly assess the quantum of fine to be paid by convict in the present matter, I have perused the Affidavit of the convict as to his income and assets and report of Secretary, DLSA (Shahdara). As per affidavit of the convict, before going to jail, he was working as a scrap dealer / labourer and he was earning about Rs.300/- per day.