D @ D vs THE STATE NCT OF DELHI

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 23rd April, 2025 Pronounced on: 3rd June, 2025 + CRL.A. 754/2024 D@D .....Appellant Through: Mr. Harsh Prabhakar, Adv. (DHCLSC), Mr. Dhruv Chaudhary, Mr. Shubham Sourav, Advs. versus THE STATE NCT OF DELHI .....Respondent Through: Mr. Sanjeev Sabharwal, APP for the State with Ms. Mansi Sharma, Advocate. Ms. Vagisha Kochar, Adv. (amicus curiae) for the Survivor. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA JUDGMENT AMIT SHARMA, J. 1. The present appeal under Section 415(2) read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short, ‘BNSS’) has been filed assailing the judgment of conviction dated 27.09.2023 and order on sentence dated 04.03.2024 passed by learned Additional Sessions Judge-04 (POCSO), South District, Saket Courts, New Delhi, whereby the appellant has been convicted in Sessions Case No. 7617/2016, arising out of FIR No. 1082/15, under Sections 376/506 of the Indian Penal Code, 1860, (for short, ‘IPC’) and Signature Not Verified Digitally Signed By:SHIWANI NEGI CRL.A. 754/2024 Page 1 of 26 Signing Date:03.06.2025 12:20:05 Section 6 of the Protection of Children from Sexual Offences Act, 2012, (for short, ‘POCSO Act’), registered at Police Station Ambedkar Nagar. 2. Vide the impugned judgment of conviction and order on sentence, the appellant was convicted for the offences punishable under Sections 376(2)/506 of the IPC and Section 6 read with Section 5 of the POCSO Act and sentenced to rigorous imprisonment for 11 years along with fine of Rs.10,000/- and in default of payment of fine, to undergo rigorous imprisonment of 30 days for the offence punishable under Section 6 of the POCSO Act. The appellant has also been sentenced to rigorous imprisonment for 3 years for the offence punish