ASHOK KUMAR@AK vs STATE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 28.01.2026 Judgment pronounced on: 02.02.2026 + CRL.A. 55/2023 and CRL.M.A. 1231/2026 & CRL.M.(BAIL) 82/2023 ASHOK KUMAR@AK .....Appellant Through: Mr. Chetan Bhardwaj, Ms. Priyal Bhardwaj and Mr. Priyanshu Vishwakarma, Advocates. versus STATE .....Respondent Through: Mr. Digam Singh Dagar, APP for the State. Ms. Astha and Ms. Megha singh, Advocates (DHCLSC) for prosecutrix. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. This appeal under Section 374(2) the Code of Criminal Procedure, 1973 (the Cr.P.C.) has been filed by the sole accused in SC No. 561 of 2017 on the file of the Special Court under the Protection of Children from Sexual Offences Act, 2012, (the Signature Not Verified CRL.A. 55/2023 Page 1 of 12 Signed By:KOMAL DHAWAN Signing Date:03.02.2026 10:47:00 PoCSO Act) Rohini Courts, Delhi, assailing the judgment dated 23.08.2022 as per which he has been convicted and sentenced for the offences punishable under Section 6 of the PoCSO Act and Section 376 (2) (f) and (i) of the Indian Penal Code, 1860 (the IPC). 2. The prosecution case is that on 26.06.2017 at N-9A-33, Lal Bagh, Azadpur, New Delhi, the appellant/accused outraged the modesty and committed penetrative sexual assault on PW1, his minor stepdaughter. 2. On the basis of Ext. PW1/A FIS of PW1, given on 12.07.2017, Crime No. 273/2017, Adarsh Nagar Police Station, that is, Ext. P-1, FIS was registered by PW6, Woman Sub- Inspector (WSI). PW6 conducted investigation into the crime and on completion of the same filed the charge-sheet/final report alleging commission of the offences punishable under Section 376 IPC and Section 6 of the PoCSO Act. 3. When the accused was produced before the trial court, all