PREM SHANKAR@ RAJU vs STATE OF NCT OF DELHI

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:23.06.2025 + CRL.A. 856/2023 & CRL.M.(BAIL) 1426/2023 PREM SHANKAR@ RAJU .....Appellant versus STATE OF NCT OF DELHI .....Respondent Advocates who appeared in this case: For the Appellant : Mr. Ishaan Kumar, Adv. For the Respondent : Mr. Aashneet Singh, APP for the State with SI Rinki, PS SP Badli. CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT 1. The present appeal is filed challenging the judgement of conviction dated 19.05.2023 (hereafter ‘impugned judgement’) and order on sentence dated 21.07.2023 (hereafter ‘impugned order on sentence’) passed by the learned Additional Sessions Judge (‘ASJ’), (POCSO), Rohini Courts, Delhi,in Sessions Case No. 377/2017arising out of FIR No. 288/2017 dated 31.03.2017 registered at Samaipur Badli. 2. The learned ASJ by the impugned judgement, convicted the appellant for the offences under Section 376 (2)(i) of the Indian Penal Signature Not Verified Signed By:SHIKHA SEHGAL CRL.A. 856/2023 Page 1 of 20 Signing Date:25.06.2025 18:40:00 Code, 1860 (‘IPC’) and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO’). 3. By the impugned order on sentence the appellant was sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of ₹5,000/- for the offence under Section 376 (2)(i) of the IPC, and in default of payment of fine, to undergo simple imprisonment for a period of 5 days. The benefit of Section 428 of The Code of Criminal Procedure, 1973 (‘CrPC’), has been granted to the appellant. Brief Facts 4. The FIR No. 288/2017 was registered under Section 363 of the IPC, based on a complaint dated 31.03.2017given by Sh. ‘L’ claiming that on 30.03.2017 his minor daughter ‘S’ aged 15 years, had left the home for school at aroun