DANISH vs STATE OF NCT OF DELHI & ANR.

* 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. 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