MOHD IQBAL vs STATE NCT OF DELHI

Judgment text excerpt

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 25.02.2025 + CRL.A. 824/2023 & CRL.M.A. 29548/2024 MOHD IQBAL .....Appellant Through: Mr. Gautam Khazanchi, Ms. Pooja Deepak, Advs. versus STATE NCT OF DELHI .....Respondent Through: Mr. Dipesh Sharma & Mr. Sushant Singhal, Advs. Mr. Sunil Kr. Gautam, APP with SI Esther Dazei, PS Haus Khas CORAM: HON'BLE MR. JUSTICE JASMEET SINGH : JASMEET SINGH, J (ORAL) 1. This is an application seeking suspension of sentence of the appellant on the ground that the appellant has undergone more than 40% of the sentence. 2. Since the Court was not inclined to entertain the application seeking suspension of sentence, Mr. Khazanchi, learned counsel for the appellant has argued the appeal itself. CRL.A. 824/2023 3. This is an appeal seeking setting aside of the judgment of conviction dated 27.02.2023 and order of sentence dated 23.05.2023 passed by the learned ASJ (FTSC), (POCSO), South, Saket Court Complex, New Digitally Signed By:DEEPANSHU MALASI Signing Date:11.03.2025 09:34:06 CRL.A. 824/2023 Page 1 of 7 Delhi in Sessions Case No. 261/18 arising out of FIR No. 91/2018 PS Hauz Khas, New Delhi wherein the learned Trial Court convicted the appellant for the offences under section 10 read with section 9(e) of POCSO Act and section 354A of IPC and sentenced to undergo 7 years of rigorous imprisonment. 4. Briefs facts are that on 22.03.2018 at about 3.30 P.M., the prosecutrix visited the Ward No. AB-8, Operation theater as the operation of her right ear was scheduled. The prosecutrix was given an injection and made to lie on the stretcher. At that time, the appellant, who was wearing a green gown, started talking to the prosecutrix and asked whether she had come to the OT before. The prosecutrix though him to be the Doctor. The