MD. MURSHID vs STATE NCT OF DELHI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on : 11.09.2025 % Pronounced on : 23.09.2025 + CRL.A.348/2020 MD. MURSHID .....Appellant Through: Mr Kanhaiya Singhal, Advocate (DHCLSC) versus STATE NCT OF DELHI .....Respondent Through: Ms Shubhi Gupta, APP for State with Inspector Satbir Singh PS Jaitpur, Delhi. Ms Gayatri Nandwani, Advocate (DHCLSC) for the victim with Ms. Mudita Sharda and Mr Adrian Abbi, Advocates CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present appeal has been preferred to assail and set aside the impugned judgment of conviction dated 11.02.2020 and order on sentence dated 20.02.2020. Vide the impugned judgment, the appellant stands convicted for the offence punishable under Section 6 of POCSO Act, 2012 and Section 376(2)(i) IPC. He was sentenced to undergo Rigorous Imprisonment (RI) for 10 years and fine of Rs.1500/- for offence punishable under Section 6 of POCSO Act and in default whereof, he was to undergo Simple Imprisonment (SI) for a period of two months. The benefit of Section 428 was also extended to the appellant. Signature Not Verified Signed By:NIJAMUDDEEN ANSARI CRL.A. 348/2020` Pg.1 of 11 Signing Date:23.09.2025 19:19:01 2. The criminal investigation proceeded in the context of an incident that statedly occurred on 31.08.2013 at about 12.30 P.M. The first information about the incident came to be recorded through DD no.27A (Ex. PW11A) regarding commission of rape of a minor girl. FIR No. 327/2013 (Ex. PW4/A) under Sections 376/377/342 IPC came to be registered at PS. Jait Pur on the statement of the mother of the child victim, who stated that her daughter was playing in the gali when she heard her crying. She came outside the house to find the child victim weeping and saw blood on her left leg. On further probe, s