RAJESH vs STATE OF DELHI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 03.02.2026 Judgment pronounced on: 05.02.2026 + CRL.A. 772/2016 RAJESH .....Appellant Through: Mr. Avneesh Saranan and Ms. Anita Saran, Advocates with appellant in Person versus STATE OF DELHI .....Respondent Through: Mr. Pradeep Gahlot, APP for the State with SI Pinky, PS-Sultanpuri with prosecutrix in person. Mr. Tushar Rohmetra, Advocate for victim 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. 118/2014 on the file of the Additional Sessions Judge-01, North-West District, Rohini Courts, Delhi, assails the judgment dated 30.04.2016 and the order on sentence dated 03.05.2016 as Signature Not Verified CRL.A. 772/2016 Page 1 of 18 Signed By:KOMAL DHAWAN Signing Date:05.02.2026 16:35:39 per which he has been convicted and sentenced for the offences punishable under Sections 363 and 366 of the Indian Penal Code, 1860 (the IPC) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (the PoCSO Act). 2. The prosecution case is that the appellant/accused about 8 to 9 months before 30.04.2014, kidnapped PW10, a minor aged 15 years from the lawful guardianship of her mother (PW11), took her to the juggi of his mami, at P-1, Sultanpuri, Delhi, knowing that she may be forced or seduced to illicit intercourse and thereafter repeatedly committed aggravated penetrative sexual assault on her. As per the chargesheet/ final report, the accused was alleged to have committed the offences punishable under Section 363, 366, 376 IPC and Section 6 of the PoCSO Act. 3. On the basis of Exhibit PW10/A FIS of PW10, given on 01.05.2014, crime no. 484/201