BANIYA @ RAJU vs STATE (GNCT OF DELHI)

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 30.07.2025 Pronounced on : 06.10.2025 CRL.A. 539/2022 BANIYA@RAJU .....Petitioner Through: Mr. Archit Upadhyay, Advocate (DHCLSC) versus STATE (GNCT OF DELHI .....Respondent Through: Mr. Pradeep Gahalot, APP for State with Inspector Satbir Singh PS Jaitpur, Delhi Mr. Faraz Maqbool, Ms. Sana Juneja, Ms. A. Sahitya Veena, Ms.Deepshikha, Advocates for prosecutrix CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present appeal has been instituted against the judgement of conviction dated 16.03.2022 and order on sentence dated 05.05.2022 passed by Additional Sessions Judge-06 (POCSO Court, South-East) Saket, New Delhi in the case arising out of FIR No. 516/2016 registered under Sections 376 IPC and Sections 4/6/8 of the POCSO Act at P.S. Jaitpur, Delhi. Vide the impugned judgement, the appellant was convicted for the offence under Section 366/376 (2) (i) & (l) of IPC and under section 5 (k) & (m)/ 6 of POCSO Act. 2. The facts, in a nutshell as narrated in the complaint to the SHO, P.S. Jaitpur, Delhi by the victim‟s younger sister „P‟ (PW5), are that on 09.09.2016, around 6:00 PM, the victim „K‟ had left her home state