SANTOSH YADAV vs STATE (NCT OF DELHI)

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:07.03.2025 + CRL.A. 735/2024 & CRL.M.(BAIL) 1353/2024 SANTOSH YADAV ..... Appellant versus STATE (NCT OF DELHI) ..... Respondent Advocates who appeared in this case: For the Appellant : Mr. Zeeshan Dewan, Adv. (DHCLSA) with Mr. Harsha, Adv. For the Respondent : Mr.Naresh Kumar Chahar, APP for the State with SI Pramila, PS V.K. sSouth. CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT 1. The present appeal has been filed challenging the judgment on conviction dated 04.09.2023 (hereafter ‘the impugned judgment’) and order on sentence dated 16.12.2024 (hereafter ‘the impugned order on sentence’), passed by the learned Additional Sessions Judge (POCSO), Patiala House Courts, New Delhi, in SC No. 9665/2016 arising out of FIR No. 671/2016 dated 21.10.2016 registered at Police Station Vasant Kunj South. Signature Not Verified Signed By:KAMALDEEP KAUR CRL.A. 735/2024 Page 1 of 18 Signing Date:13.03.2025 18:25:46 2. The learned Trial Court by the impugned judgment has convicted the appellant for the offences under Section 10 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’) and Sections 354/354B of the Indian Penal Code, 1860 (‘IPC’). 3. By the impugned order on sentence, the learned Trial Court sentenced the appellant as under: a. to undergo rigorous imprisonment for a period of five years and to pay a fine of ₹10,000/- for the offence under Section 10 of the POCSO Act, and in default of payment of fine, to undergo simple imprisonment for a period of 1 month; b. to undergo rigorous imprisonment for a period of three years and to pay a fine of ₹5,000/- for the offence under Section 354B of the IPC, and in default of payment of fine, to undergo simple imprisonment for a period of 1 month; 4. It