CHAND MIYAN vs STATE (NCT OF DELHI)

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on 11th September, 2025. Pronounced on: 23rd September, 2025 + CRL.A. 98/2025 & CRL.M.(BAIL) 184/2025 (seeking suspension of sentence) CHAND MIYAN .....Appellant Through: Ms. Cauveri Birbal, Mr. Kamlendu Pandey, Ms. Nistha Dhall, Advocates versus STATE (NCT OF DELHI) .....Respondent Through: Mr. Amit Ahlawat, APP for the State with SI Priyanka, PS Alipur Mr. Deepal Goel, Advocate for Complainant CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA JUDGMENT SANJEEV NARULA, J. 1. The present appeal under Section 415(2) read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 20231 (erstwhile Section 374(2) read with Section 482 of the Code of Criminal Procedure, 19732) is directed against judgment of conviction dated 07th September, 2024 and order on sentence dated 06th November, 2024 passed by the ASJ-05 (POCSO) North- West, Delhi in SC No. 288/2018 titled “State v. Chand Miyan”. The said proceedings emanate from FIR No. 147/2018, registered at P.S. Alipur for the offences under Sections 342, 366(A) and 377 of the Indian Penal Code, 1 “BNSS” 2 “Cr.P.C.” Signature Not Verified Digitally Signed CRL.A. 98/2025 Page 1 of 28 By:ANITA BAITAL Signing Date:23.09.2025 19:12:38 18603 and Section 6 of the Protection of Children from Sexual Offences Act, 2010.4 FACTUAL BACKGROUND 2. The case of the Prosecution, in brief, is as follows: 2.1. On 1st April, 2018, a complaint was lodged by the Prosecutrix, alleging that on the said day, at approximately 1:00 P.M., while she had gone to purchase daal, she was accosted by the Appellant, Chand Miya, who was her neighbour and engaged in kabaadi kaam (scrap dealing). He forcibly grabbed her and took her to a nearby godown. It is further alleged that he shut the door, forcibly grabbed the Prosec