HIRAN vs THE STATE GOVT OF NCT DELHI

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 21.07.2025 + CRL.A. 215/2025 & CRL.M.(BAIL) 359/2025 HIRAN .....Appellant Through: Mr. Dhruva Bhagat, Advocate (DHCLSC) versus THE STATE GOVT OF NCT DELHI .....Respondent Through: Mr. Rajkumar, APP for the State CORAM: HON’BLE DR. JUSTICE SWARANA KANTA SHARMA JUDGMENT DR. SWARANA KANTA SHARMA, J 1. The appellant Hiran has approached this Court by way of this appeal, setting aside of the judgment dated 30.09.2024 [hereafter „impugned judgment‟] and order on sentence dated 26.10.2024 [hereafter „impugned order on sentence‟] passed by learned Additional Sessions Judge-01(POCSO), North-West, Rohini Courts, Delhi [hereafter „Trial Court‟] in SC No. 334/22 arising out of FIR bearing no. 213/2022, registered on 18.02.2022 at Police Station Ashok Vihar, Delhi, whereby he has been convicted for commission of offence punishable under Sections 363/376(3) of the Indian Penal Code, 1860 [hereafter „IPC‟] and Section 4 of the Protection of CRL.A. 215/2025 Page 1 of 18 Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:25.07.2025 18:52:38 Children from Sexual Offences Act, 2012 [hereafter „POCSO Act‟]. FACTUAL BACKGROUND 2. The gravamen of the prosecution case is that on 18.02.2022, the complainant „P‟ lodged a missing report regarding her daughter (victim) „N‟, aged about 13 years, stating that on 16.02.2022 at about 9:00 AM, she had left for work and, upon returning home around 2:00 PM, she found her daughter missing. On her complaint, the present FIR was registered, initially for the offence under Section 363 of the IPC. However, on 19.02.2022, the complainant, along with her daughter, visited the police station and informed that the daughter had returned. The complainant informed that her dau