BABU YAMIN vs STATE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 02.02.2026 Judgment pronounced on:05 .02.2026 + CRL.A. 397/2017 BABU YAMIN .....Appellant Through: Ms. Monika Tripathy, Mr. Saksham Singh and Mr. Gautam Yadav, Advocates. versus STATE .....Respondent Through: Mr. Pradeep Gahalot, APP for the State. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. In this appeal filed under Section 374(2) of the Criminal Procedure Code, 1973, (the CrPC) the sole accused in SC No. 153 of 2013 on the file of the Special Court under the Protection of Children from Sexual Offences Act, 2012 (the PoCSO Act), Patiala House Courts, New Delhi, assails the conviction and the sentence imposed upon him for the offence punishable under Section 10 of the PoCSO Act. Signature Not Verified CRL.A. 397/2017 Page 1 of 13 Signed By:KOMAL DHAWAN Signing Date:05.02.2026 16:35:39 2. The prosecution case is that on 08.09.2013 at about 4:30 PM, the accused committed aggravated sexual assault on PW4, a minor aged about 3 years, at RZ-224/6, Gali No. 4, J Block, West Sagarapur, New Delhi by removing the victim’s under-garment and holding her tightly. Thus, as per the Charge sheet/final report, the accused was alleged to have committed the offences punishable under Sections 354, 354D IPC and Sections 8, 9 (m) read with section 10 of the PoCSO Act. 3. On the basis of Ext. PW3/A FIS of PW7, given on 08.09.2013, Crime no. 179/2013, Sagarpur Police station, that is, Ext. PW7/B FIR was registered by PW7Assistant Sub-Inspector (ASI). PW9 conducted investigation into the crime and on completion of the same filed the charge-sheet/final report alleging commission of offences punishable under the above mentioned Sections. 4. When the accused was produced before the trial