IRFAN vs STATE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 20.11.2025 Pronounced on : 22.11.2025 Uploaded on : 22.11.2025 + CRL.A. 90/2017 IRFAN .....Appellant Through: Mr. M.L. Yadav (DHCLSC) and Mr.Prashant, Advocates versus STATE .....Respondent Through: Mr. Pradeep Gahalot, APP for State with SI Raghuraj Singh, P.S. Sangam Vihar Mr. Vibhor Garg (Amicus Curiae) and Ms. Yadavi Malhotra, Advocates CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. By way of the present appeal, the appellant seeks to assail the judgment of conviction dated 25.11.2016 and the order on sentence dated 29.11.2016 passed by the learned Additional Sessions Judge-01, South District, Saket Courts, New Delhi in SC No. 149/2015 arising out of FIR No. 270/2013 registered under Sections 376/506 IPC at P.S. Sangam Vihar. Vide the impugned judgment, the appellant came to be convicted for the offences under Sections 376/506 IPC and Section 4 POCSO; and vide the impugned order on sentence, he was sentenced to undergo RI for 7 years alongwith fine of Rs.25,000/-, in default whereof he was directed to undergo Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI CRL.A. 90/2017 Page 1 of 9 Signing Date:22.11.2025 19:33:30 SI for 6 months, for the offence punishable under Section 376 IPC and Section 4 POCSO. For the offence under Section 506 IPC, he was sentenced to undergo RI for a period of 6 months. Both sentences were directed to run concurrently. The appellant’s sentence was suspended during pendency of the present appeal vide order dated 20.03.2017. 2. The prosecution case, in brief, is that the prosecutrix, aged less than 17 years at the time of the incident, was residing in room no. 1 with her family in a multi-tenanted building at Sangam Vihar; and the appellant (aged about 21 years at