RAJENDRA SINGH vs THE STATE ( GOVT OF NCT OF DELHI)

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 23.09.2025 Pronounced on : 06.10.2025 + CRL.A. 1114/2018 RAJENDRA SINGH .....Appellant Through: Mr. Sahil Malik, Mr. Nakul Khatri, Mr. Sahil Lakra and Mr. Aditya Jain, Advocates versus THE STATE ( GOVT OF NCT OF DELHI) .....Respondent Through: Ms.Shubhi Gupta, APP for State Ms. Urvi Kuthiala, Advocate (Amicus Curiae) (pro bono) for victim. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present appeal has been instituted under Section 374 of the Cr.P.C. seeking setting aside of the impugned judgment dated 30.08.2018 and order on sentence dated 27.09.2018 rendered by the Additional Sessions Judge-06, West, Tis Hazari Courts, Delhi in SC No. 105/17 arising out of FIR No. 300/16 registered under Sections 376 IPC and Section 10/6 POCSO Act at P.S. Nangloi , Delhi. Vide the impugned judgement, the appellant was convicted for the offence under Section 7 r/w Section 9 and punishable under Section 10 of the POCSO Act. He was sentenced to undergo RI for 5 years and fine of Signature Not Verified Digitally Signed CRL.A. 1114/2018 Pg. 1 of 11 By:NIJAMUDDEE N ANSARI Rs.30,000/-, in default whereof to undergo SI for 10 months. Benefit of Section 428 CrPC was given to the appellant. The sentence of the appellant was suspended by this Court on 18.10.2019. 2. The prosecution case, as noted by the trial court, in brief is extracted hereunder: ―1. Briefly stated facts of the prosecution case are that Ms. "VJ" (identity withheld), who was about 7 years of age, has moved a complaint dated 01.07.2016 Ex.PW1/A against the accused Rajendra Singh raising allegations of sexual assault upon her by smooching her cheeks & inserting his hands into her underwear that resulted in registration of FIR No.300/16, Ex.PX-6, U/s 376 o