AADIL @ NAUSERWA vs STATE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 25.09.2025 Pronounced on : 06.10.2025 + CRL.A. 1105/2019 AADIL @ NAUSERWA .....Appellant Through: Mr. Harsh Prabhakar, Advocate (DHCLSC) with Mr. Dhruv Chaudhary, Mr. Shubham Sourav and Mr. Vijit Singh, Advocates versus STATE .....Respondent Through: Ms. Shubhi Gupta, APP for State. Mr. Arunav Patnaik, Advocate (Amicus Curiae) for victim. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. Being convicted and sentenced by the Sessions Court, the appellant has approached this Court seeking setting aside of the judgment of conviction dated 17.05.2019, vide which he was convicted for offences punishable under Sections 377/34 IPC, 506/34 IPC, and Section 6 POCSO; and the order on sentence dated 24.05.2019, vide which he was directed to undergo rigorous imprisonment for a period of 1 year for the offence punishable under Section 506 IPC along with payment of fine of Rs.5,000/-, in default whereof he was directed to further undergo simple imprisonment for a period of 15 days; and rigorous imprisonment for a period of 10 years Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI CRL.A. 1105/2019 Page 1 of 10 Signing Date:06.10.2025 23:53:24 for the offence punishable under Section 6 POCSO along with payment of fine of Rs.20,000/-, in default whereof he was directed to further undergo simple imprisonment for a period of 3 months. The benefit of Section 428 Cr.P.C. was extended to the appellant, and all the sentences were directed to run concurrently. 2. The victim, aged about 13 years, stated that sometime in October 2015, while he was playing in a ground, CCL „G‟ and CCL „E‟ (referred to as CCL „A‟ by the Trial Court at various places) came to him and asked him to accompany them for an outing. On his refusa