SHYAM SINGH vs STATE

Judgment text excerpt

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 07.02.2025 Judgment pronounced on: 20.02.2025 + CRL.A. 266/2020 SHYAM SINGH .....Appellant Through: Ms. Anu Narula, Adv. versus STATE .....Respondent Through: Mr. Aashneet Singh, APP CORAM: HON'BLE MR. JUSTICE JASMEET SINGH JUDGMENT : JASMEET SINGH, (J) 1. This is an appeal seeking to challenge the impugned judgment dated 13.12.2019 and order of sentence dated 17.12.2019 passed by the learned Court of ASJ-01, Patiala House Courts, Delhi in S.C. No. 8762/2016 arising out of F.I.R. No. 878/2014 registered at P.S. Vasant Vihar under Section 363 of the Indian Penal Code, 1860 (“IPC”). 2. Vide the impugned judgement, the appellant was acquitted under Section 366 of IPC and was convicted under Section 376 of IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (“POCSO Act”). 3. Vide the impugned order of sentence, the appellant was sentenced with rigorous imprisonment for 07 years with the fine of Rs. 15,000/- under Section 4 of POCSO Act. Digitally Signed CRL.A. 266/2020 Page 1 of 19 By:MAYANK Signing Date:21.02.2025 13:04:16 FACTUAL BACKGROUND 4. The brief facts of the case are that on 22.08.2014, the respondent who is the father of the prosecutrix came to the police station and lodged a complaint about the prosecutrix being missing. Consequently, an FIR under Section 363 of IPC was recorded and investigation was conducted. On 23.08.2014, the complainant informed that the prosecutrix had been kidnapped by the appellant. 5. On 23.09.2014, the prosecutrix was recovered along with the appellant from Ghaziabad. The prosecutrix was medically examined and a statement under Section 164 of CrPC was recorded. Also, the appellant was arrested. 6. The prosecutrix in her statement recorded un