DANISH vs STATE OF NCT OF DELHI & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on : 09.09.2025 % Pronounced on : 22.09.2025 + CRL.A.858/2024 DANISH .....Appellant Through: Mr. Abhinav Bajaj, Advocate (DHCLSC) with Mr. Saksham Ojha and Ms. Geetashi Chandna, Advocates. versus STATE OF NCT OF DELHI & ANR .....Respondents Through: Ms.Shubhi Gupta, APP for State with SI Sangeeta Malik PS Bindapur, Delhi. Ms. Geeta Tandon, Advocate for victim. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present appeal filed under Section 415 (2) read with Section 424 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [in short, ‘BNSS’] has been preferred against the judgment dated 03.02.2024 and order on sentence dated 21.03.2024 passed by ASJ-01(POCSO Act) South West District, Dwarka Courts, New Delhi, in Session Case No. 440245/2016, FIR No.1434/2014 registered under Sections 376/366 IPC & 6 of Protection of Children from Sexual Offences ACT, 2012 [in short, ‘POCSO’ Act] at P.S. Bindapur, Delhi. Signature Not Verified Digitally Signed CRL.A. 858/2024 Pg.1 of 12 By:NIJAMUDDEE N ANSARI The appellant was convicted under Section 6 of the POCSO Act and sentenced to undergo R.I. for a period of 10 years alongwith fine of Rs. 10,000/-, in default whereof he was directed to undergo S.I. for a period of 30 days. Benefit of Section 428 CrPC was given to the appellant. 2. The investigation commenced with DD No. 42A recorded on 28.11.2014 at 7.40 P.M. wherein a lady caller had informed of commission of offence of rape with a 7-year old girl. 3. SI Kusum, the IO of the case, who deposed as PW-25, on being assigned the case, reached DDU Hospital where she met with the child victim and her parents. The statement under Section 161 Cr.P.C. of the child victim was recorded as (Ex.PW1/A), wherein the child victim stated tha