AKASH @ AKHILESH vs STATE NCT OF DELHI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 15.09.2025 Pronounced on : 19.09.2025 + CRL.A. 1030/2024 XXXXX .....Appellant Through: Mr. Anubhav Singh, Mr. Karan Ahuja, Mr. Nitin Kumar and Ms. Maria Mary, Advocates versus STATE NCT OF DELHI .....Respondent Through: Mr. Pradeep Gahalot, APP for State with SI Vipin. Mr. Zeeshan Diwan, Advocate (DHCLSC) with Mr. Harsha, Advocate for survivor. 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 22.07.2024 passed by the learned Addl. Sessions Judge (FTSC) (POCSO), New Delhi in SC No. 757/2018 arising out of FIR No. 359/2018 registered under Section 6 POCSO at P.S. Keshav Puram, whereby he has been convicted for the offences punishable under Sections 5(m) & (p) POCSO punishable under Section 6 POCSO and Section 377 IPC. Vide order on sentence dated 09.09.2024, the appellant was sentenced to undergo RI for 10 years for the offence punishable under Section 377 IPC; and further sentenced to undergo RI for 10 years for the Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI CRL.A. 1030/2024 Page 1 of 14 Signing Date:19.09.2025 21:02:58 offence punishable under Sections 5(m) & (p) POCSO punishable under Section 6 POCSO. All the sentences were directed to run concurrently and benefit under Section 428 Cr.P.C. was given to the appellant. 2. The Appellant is real uncle of the victim. The facts in a nutshell, as noted by the Trial Court, are extracted hereunder: “In brief, as per charge-sheet, the case was registered through WSI Tulika on 08.09.2018. The statement of victim 'G' was recorded in question answer form before his mother 'S' and he was counseled by the counselor. The victim was medically examined at BJRM Ho