MOTI LAL vs STATE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 06.10.2025 Pronounced on : 14.10.2025 + CRL.A. 169/2019 MOTI LAL .....Appellant Through: Mr. S.B. Dandapani, Advocate (DHCLSC) versus STATE .....Respondent Through: Ms. Shubhi Gupta, APP for State with SI Urvashi Mr. Dhruva Bhagat, Advocate for victim. Mr. Himanshu Anand Gupta, Mr. Siddharth Barua, Mr. Shekhar Anand, Ms. Navneet and Ms. Mike Desai, Advocates for DSLSA CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. By way of the present appeal filed under Section 374(2) Cr.P.C., the appellant has assailed the judgment of conviction dated 01.12.2018 and the order on sentence dated 21.12.2018 passed by the learned ASJ-06, West District, Tis Hazari Courts, Delhi, in SC No. 72/2018, whereby he has been convicted for the offence punishable under Section 6 of the POCSO Act and sentenced to undergo rigorous imprisonment for a period of ten years along with payment of fine of Rs.10,000/-, and in default of payment of fine, to further undergo simple imprisonment for ten months. The benefit of Section 428 Cr.P.C. was also extended to the appellant. Signature Not Verified Digitally Signed CRL.A. 169/2019 Page 1 of 9 By:NIJAMUDDEE N ANSARI 2. Brief facts as noted by the Sessions Court are as follows :- “Brief resume of the allegations in the prosecution case is that one Sh. SH (the father of the prosecutrix, identity withheld) made a complaint Ex. PW4/A stating therein that on 02-10-2014 at about 5:30 PM, his daughter Ms. „V‟, the prosecutrix, a minor girl of the tender age of 7 years was playing near his jhuggi and after some time, she came crying from one jhuggi and on inquiries, she had informed that one Moti Lai, their neighbour has inserted his penis into her anus and he found that there was blood on the panty o