DHARMENDRA KUMAR vs THE STATE GOVT. OF NCT OF DELHI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 04th November, 2025 Pronounced on: 05th January, 2026 + CRL.A. 51/2025, CRL.M.A. 1185/2025 & CRL.M.(BAIL) 96/2025 DHARMENDRA KUMAR S/o Late Shri Ram Kumar, R/o Village Sariya Kanpur Nagar, Shringar, Uttar Pradesh. (Presently confined in Central Jail No. 4, Tihar, New Delhi) .....Appellant Through: Mr. Prateek Kumar, Ms. Ankita, Mr. Prassant Kumar Sharma and Mr. Chetan Charitra, Advocates. versus THE STATE GOVT. OF NCT OF DELHI Through the SHO Police Station Budh Vihar, New Delhi. .....Respondent Through: Mr. Utkarsh, APP for the State. Ms. Tanya Agarwal (DHCLSC) and Mr. Krishna Kumar Keshav, Advocates for Complainant. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. Appeal under Section 415(2) read with Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 (hereinafter referred to as „BNSS‟) has been filed against the Judgment of Conviction dated 09.07.2024 and Order on Sentence dated 21.08.2024 passed by learned ASJ, whereby the Appellant has been held guilty of offence under Section 9(m) punishable under Section CRL.A. 51/2025 Page 1 of 19 Signature Not Verified Signed By:VIKAS ARORA Signing Date:05.01.2026 17:50:45 10 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as „POCSO Act‟) and Section 354 of the Indian Penal Code (hereinafter referred to as „IPC‟). 2. Briefly stated, on 19.06.2022, DD No.35A was recorded an information about sexual assault, which was marked to IO/SI Bimlesh. Victim along with her mother was taken to BSA Hospital by Ct. Pooja, where victim was medically examined. After medical examination, Ct. Pooja brought the victim and her mother to the Police Station, where the statement of Victim‟s Mother was recorded,