SATISH vs STATE NCT OF DELHI AND ANR

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 21.07.2025 + CRL.A. 371/2025 & CRL.M.(BAIL) 648/2025 SATISH .....Appellant Through: Mr. Aditya Aggarwal, Ms. Pooja Roy and Ms. Shivani Sharma, Advocates versus STATE NCT OF DELHI AND ANR. .....Respondents Through: Mr. Rajkumar, APP for the State. CORAM: HON’BLE DR. JUSTICE SWARANA KANTA SHARMA JUDGMENT DR. SWARANA KANTA SHARMA, J 1. By way of the present appeal, the appellant seeks setting aside of the judgment dated 30.05.2024 [hereafter „impugned judgment‟] and order on sentence dated 16.01.2025 [hereafter „impugned order on sentence‟], passed by the learned Additional Sessions Judge (FTSC) (POCSO)-03, South-West District, Dwarka Courts, Delhi [hereafter „Trial Court‟] in Sessions Case No. 540/17, arising out of FIR bearing no. 233/2017, registered on 10.08.2017 at Police Station Najafgarh, Delhi for the commission of offence punishable under Section 376 of the Indian Penal Code, 1860 [hereafter „IPC‟] and Section 6 of the Protection of Children from Sexual Offences Act, CRL.A. 371/2025 Page 1 of 24 Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:24.07.2025 18:15:03 2012 [hereafter „POCSO Act‟]. FACTUAL BACKGROUND 2. Briefly stated, the facts of the present case are that on 10.08.2017, child victim „S‟ had written a letter to her school teacher regarding her sexual exploitation by her uncle (fufa) from the last 4 years and sought help of her teacher to save her. In the said letter, she mentioned that her uncle would regularly do bad things to her and had been doing so continuously for the past four years. He used to threaten her by saying that if she told anyone, both of them would die together. She further narrated that on one occasion, while he was committing the said act, h