RAJESH vs STATE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 18.02.2026 Judgment pronounced on: 23.02.2026 + CRL.A. 1168/2019 & CRL.M.(BAIL) 1501/2025 RAJESH .....Appellant Through: Ms. Aishwarya Rao and Ms. Mansi Rao, Advocates versus STATE .....Respondent Through: Mr. Utkarsh, APP for the State with SI Sangeeta Malik. Mr. Himanshu Anand Gupta, Advocate for DSLSA with Ms. Mansi Yadav, Mr. Sidharth Barua, Mr. Shekhar Anand Gupta, Mr. M. Desai, Ms. Navneet Kaur and Ms. Shivani Rampal, Advocates Ms. Gayatri Nandwani, Ms. Mudita Sharda and Mr. Adrian Abbi, Advocates. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. In this appeal filed under Section 374(2) read with Section 383 of the Criminal Procedure Code, 1973 (the Cr.P.C.), the sole accused in Sessions Case No.787/2017 on the file of the Signature Not Verified CRL.A. 1168/2019 Page 1 of 20 Signed By:KOMAL DHAWAN Signing Date:24.02.2026 10:54:04 Additional Sessions Judge (POCSO), Dwarka Courts, New Delhi, assails the judgement dated 20.07.2019 and order on sentence dated 23.07.2019, as per which he has been convicted and sentenced for the offence punishable under Section 6 read with 5 (l) & (n) of the Protection of Children from Sexual Offences Act, 2012, (the PoCSO Act). 2. The prosecution case is that during the period from April 2016 till the intervening night of 25.06.2017-26.06.2017 at D-32, Sewak Park, Dwarka Mor, Delhi, the accused repeatedly committed penetrative sexual assault on PW1, his daughter. 3. Based on Exhibit PW1/A FIS of PW1, dated 26.06.2017, Crime No.423/2017, Bindapur Police Station, that is Ext. PW11/A, FIR was registered by PW11, Head Constable (HC). PW18, Sub- Inspector conducted investigation into the crime and on completion of the same, filed the cha