ALAUDDIN @ SHAKEEL vs STATE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 16.01.2026 Judgment pronounced on: 20.01.2026 + CRL.A. 328/2018 ALAUDDIN @ SHAKEEL .....Appellant Through: Ms. Sunita Arora, Advocate (DHCLSC). versus STATE .....Respondent Through: Mr. Utkarsh, APP for the State with SI Urvashi, PS – Sonia Vihar. Mr. Luv Manan, Advocate for respondent no. 2. Counsel for DSLSA (appearance not given). CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. This appeal under Section 374(2) read with Section 482 of the Code of Criminal Procedure, 1973(the Cr.PC) has been filed by the first accused (A1) in S.C No. 09/2017 on the file of the Special Court under the Protection of Children from Sexual Offences Act, 2012,(the PoCSO Act) Karkardooma, North East District, Delhi, assailing the judgment dated 05.02.2018 as per which he has been Signature Not Verified CRL.A. 328/2018 Page 1 of 25 Signed By:KOMAL DHAWAN Signing Date:20.01.2026 16:02:19 convicted of the offences punishable under Section 10 of the PoCSO Act and Section 506 Part II of the Indian Penal Code, 1860 (the IPC). The second accused (A2) has been acquitted by the trial court. 2. The case of the prosecution is that two months before 17/10/2016, A1 and A2 wrongfully confined PW1 to 3 in a room in house No. C-1/133, Rahul Gujjar ka Makan, Gali No.9, Sonia Vihar, Delhi and subjected them to penetrative sexual assault and then threatened them with dire consequences in case they revealed the incident to others. As per the charge sheet/final report, the accused persons are alleged to have committed the offences punishable under Sections 342, 376, 506 read with Section 34 IPC and Section 6 of the PoCSO Act. 3. Crime No. 354/2016, Khajuri Khas, Police Station, that is Ext PW4/2 FIR, was regi