NIRANJAN TIWARI vs STATE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 6th March, 2025 Pronounced on: 25th March, 2025 + CRL.A. 574/2022, CRL.M.(BAIL) 1513/2023 NIRANJAN TIWARI .....Appellant Through: Ms. Sakshi Tanwar and Mr. Rohan Kumar, Advocates. versus STATE .....Respondent Through: Mr. Sunil Kumar Gautam, APP for State with Ms. Ekta, SI, PS-Bindapur. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA JUDGMENT SANJEEV NARULA, J.: 1. The present appeal under Section 374(2) of the Code of Criminal Procedure, 19731 is directed against the judgment and order of sentence dated 25th August, 2022 and 19th October, 2022 respectively, passed by the Additional Sessions Judge in the case titled “State v. Niranjan Tiwari”, in pursuance of FIR No. 1138/2015 dated 13th August, 2015 registered at P.S. Binda Pur, for the offence under Sections 10 and 9(m) of the Protection of Children from Sexual Offences Act, 2012.2 Factual Background 2. The factual matrix leading to the filing of the present appeal is as 1 “CrPC” 2 “POCSO Act” Signature Not Verified Digitally Signed CRL.A. 574/2022 Page 1 of 20 By:AKANSHA SINGH Signing Date:25.03.2025 19:34:33 follows: 2.1 The victim, an 11-year old girl,3 at the time of the alleged incident, was attending tuition classes at IGA Institute located at Gali No. 8, F-103, Vishwas Park, Solanki Road. On 12th August, 2015, the Prosecutrix returned home from the tuition classes, visibly distressed and weeping. Upon inquiry by her mother (PW-2), the Prosecutrix narrated an alleged incident of inappropriate physical contact by the accused Appellant. The Prosecutrix informed her mother that, while her tutor (Baby) had briefly stepped out of the tuition room, the Appellant, Niranjan Tiwari, who is the tutor’s father, sat behind her and touched her on her body, cheeks and thighs. S