SUDAMA KUMAR vs STATE (NCT OF DELHI) & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 03.07.2025 + CRL.A. 89/2025 & CRL.M.B. 169/2025 SUDAMA KUMAR .....Appellant Through: Ms. Cauveri Birbal, Mr. Kamlendu Pandey and Ms. Preksha Gaur, Advocates versus STATE (NCT OF DELHI) & ANR. .....Respondents Through: Mr. Rajkumar, APP for the State with Ms. Sangeeta Dahiya, Advocate CORAM: HON’BLE DR. JUSTICE SWARANA KANTA SHARMA JUDGMENT DR. SWARANA KANTA SHARMA, J 1. By way of this appeal, the appellant seeks setting aside of the judgment dated 07.02.2024 [hereafter „impugned judgment‟] and order on sentence dated 27.03.2024, passed by the learned Additional Sessions Judge (FTSC) (POCSO)-01, Dwarka Courts, South-West District, Delhi [hereafter „Trial Court‟] in SC No. 513/2018, arising out of FIR No. 597/2017, registered at Police Station Dabri, Delhi on 30.09.2017 for commission of offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 [hereafter „POCSO Act‟]. CRL.A. 89/2025 Page 1 of 15 Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:07.07.2025 12:45:03 2. The case of the prosecution, shorn of unnecessary details, is that on 30.09.2017, a complaint was lodged at Police Station Dabri, Delhi by the complainant „S‟ (mother of victim child „R‟). It was alleged by her that on the said date, at around 12:00 noon, while she was away at work as a domestic help, she was informed that her minor son, aged about four years, had been taken to the police station by police officials. She had immediately reached the police station, where the child had informed her about the incident. As per the version of the victim child, when he was eating chowmein, the present appellant Sudama had approached him and asked him to come along. The said person had ta