AJAY KUMAR vs STATE (NCT OF DELHI)

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 15.04.2026 Judgment pronounced on:17.04.2026 + CRL.A. 48/2017 AJAY KUMAR .....Appellant Through: Mr. Ravi Tikania, Advocate. Versus STATE (NCT OF DELHI) .....Respondent Through: Mr. Utkarsh, APP for the State with SI Monika, PS Alipur. Mr. B. Badrinath, Advocate for DSLSA. Ms. Devika Mohan, Mr. Karan and Mr. Dhruv Negi, Advocates. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. In this appeal filed under Section 374 of the Code of Criminal Procedure, 1973, (the Cr.PC), the sole accused in SC No. 57840/2016 on the file of the Additional Sessions Judge-01, North CRL.A. 48/2017 Page 1 of 21 Signature Not Verified Signed By:KOMAL DHAWAN Signing Date:18.04.2026 16:36:50 District, Rohini Courts, Delhi, assails the judgment dated 19.12.2016 and the order on sentence dated 22.12.2016 by which he has been convicted and sentenced for the offences punishable under Section 354 of the Indian Penal Code, 1860 (the IPC) and Section 12 of the Protection of Children from Sexual Offences Act, 2012 (the PoCSO Act). 2. The prosecution case is that on 23.02.2014 at 10:15 AM, on the main road, near BDO Office, Alipur, the accused assaulted PW1, a minor girl, aged about 13 years, by showing his private part to her with an intention to outrage her modesty. Accordingly, as per the charge-sheet/final report dated 18.03.2014, the accused was alleged to have committed offences punishable under Sections 354 and 354AIPC and Section12 of the PoCSO Act. 3. On the basis of Exhibit PW1/A FIS/FIR dated 23.02.2014 of PW1, crime no. 164/2014, Alipur Police Station, CRL.A. 48/2017 Page 2 of 21 Signature Not Verified Signed By:KOMAL DHAWAN Signing Date:18.04.2026 16:36:50 i.e., Exhibit PW6/A FIR was regis