MUKESH vs STATE OF NCT OF DELHI & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 25.07.2025 Pronounced on : 29.07.2025 + CRL.A. 500/2024 MUKESH .....Appellant Through: Mr. Sunil Kr. Ojha, Advocate. versus STATE OF NCT OF DELHI & ANR .....Respondents Through: Ms. Shubhi Gupta, APP for State CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The appellant, through the present appeal filed under Section 374(2) Cr.P.C. impugns the judgment on conviction dated 14.07.2023 and order on sentence dated 16.12.2023 in SC No.98/2018 arising out of FIR No. 1032/2016 registered under Section 363 IPC and Section 10 of POCSO at P.S. Mangolpuri. On conclusion of investigation, the chargesheet came to be filed under section 363/354A/366 IPC and Section 10 POCSO Act. Vide the impugned judgment, the appellant has been convicted under Sections 363/354B/323 IPC and Section 10 of the POCSO Act and vide order on sentence, he has been sentenced to undergo rigorous imprisonment (RI) for 7 years for the offence under Section 363 and Section 10 of POCSO Act and further sentenced to RI for 1 year for the offence under Section 323 Signature Not Verified CRL.A. 500/2024 Page 1 of 6 Signed By:GAUTAM ASWAL Signing Date:30.07.2025 11:59:10 IPC. All the sentences were directed to run concurrently. Benefit of Section 428 Cr.P.C. was also given to the appellant. 2. Wheels of the investigation were put in motion on receipt of a complaint that the prosecutrix/child victim aged about 9 years was kidnapped on 13.11.2016 at about 10 am from Navariya Park, R Block, Mongolpuri, Delhi. It was alleged that the appellant after removing the pant of the prosecutrix, touched her with sexual intent and on her resistance, slapped her many times. 3. Post completion of investigation, charge for the offence under Sections 363/354B/323 IPC an