JITENDER @ RAJU vs STATE (NCT OF DELHI)

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 07.08.2024 Pronounced on : 12.09.2024 + CRL.A. 423/2024 JITENDER @ RAJU .....Appellant Through: Mr. Rohan J. Alva and Mr. Anant Sanghi, Advocates. versus STATE (NCT OF DELHI) .....Respondent Through: Mr. Pradeep Gahalot, APP for State Mr. Yogendra Mishra, Advocates for complainant. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present appeal has been preferred under Section 374(2) of the Code of Criminal Procedure, 1973 by the appellant challenging the judgment of conviction dated 29.08.2023 and the order on sentence dated 13.12.2023 passed by, ASJ-06 (East), Special Judge (POCSO), Karkardooma Courts, Delhi, in S.C. No. 2973/2018, arising out of FIR No. 85/2018 registered at P.S. Krishna Nagar, Delhi under Section 354 IPC and Section 8/12 of the POCSO Act. Vide the impugned judgment, the appellant was convicted for the offence under Section 10 read with Section 9(m) of the POCSO Act as well Signature Not Verified Signed By:GAUTAM CRL.A. 423/2024 Page 1 of 12 ASWAL Signing Date:12.09.2025 19:17:25 as under Section 354 IPC. By the order on sentence, for conviction under Section 10 read with Section 9(m) of POCSO Act, the appellant was directed to undergo Rigorous Imprisonment (R.I.) for a period of 6 years with fine of Rs.5,000/-, in default whereof he was directed to further undergo Simple Imprisonment (S.I.) for a period of one month. For the offence under Section 354 IPC, he was sentenced to undergo RI for a period of 5 years with fine of Rs.2,000/-, in default whereof he was directed to further undergo S.I. for a period of 15 days. Both the sentences were directed to run concurrently. The benefit of Section 428 Cr.P.C. was extended to the appellant. 2. The investigation commenced on 16.04.2018, wh