ROHIT vs STATE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 07.04.2026 Judgment pronounced on: 16.04.2026 + CRL.A. 1036/2016 ROHIT .....Appellant Through: None. Versus STATE .....Respondent Through: Mr. Utkarsh, APP for the State with SI Akash Deep, PS Gulabi Bagh. 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.P.C.), the sole accused in SC No. 22/2014 (New Case No. 27704/2016) on the file of the Additional Sessions Judge-01, Central District, Tis Hazari Courts, Delhi, assails the judgment dated 30.07.2016 and the order on sentence dated 16.08.2016 by which he has been convicted and CRL.A. 1036/2016 Page 1 of 19 Signature Not Verified Signed By:KOMAL DHAWAN Signing Date:17.04.2026 17:35:21 sentenced for the offences punishable under Sections 354 and 354A of the Indian Penal Code, 1860 (the IPC) and Section 8 of the Protection of Children from Sexual Offences Act, 2012 (the PoCSO Act). 2. The prosecution case is that on 06.02.2014 at about 8:45 PM, near House No. 48, Pratap Nagar, Delhi, the accused sexually assaulted PW5, a minor aged about 14 years, by catching hold of her, gagging her mouth and pulling her. It was further alleged that by using criminal force against PW5, the accused outraged her modesty. Accordingly, as per the charge-sheet/final report dated 25.02.2014, the accused was alleged to have committed offences punishable under Sections 341, 354, 354A, 323 IPC and Section 8 of the PoCSO Act. 3. On the basis of Exhibit PW5/A FIS/FIR dated 06.02.2014 of PW5, given on 06.02.2014, crime no. 20/2014, Gulabi Bagh Police Station, i.e., Exhibit PW6/C FIR was registered by PW6, Head Constable. PW11, Sub Inspector (SI) was CRL.A. 1036/2