HAMID KHAN vs STATE NCT OF DELHI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 10.11.2025 Pronounced on : 06.01.2026 Uploaded on : 06.01.2026 + CRL.A. 631/2018 HAMID KHAN .....Appellant Through: Mr. Kanhaiya Singhal, Ms. Avantika Shankar, Mr. Rhythum Bhardwaj, Ms. Shatakshi Singh, and Mr. Pulkit Jolly, Advocates. versus STATE NCT OF DELHI .....Respondent Through: Ms. Shubhi Gupta, APP for State with SI Pinki, P.S. Sultanpuri. Mr. Kunal Sharma, Amicus Curiae Pro Bono, with Mr. Yash Punjabi, Advocate, for the victim. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present appeal has been filed seeking setting aside of the judgment of conviction dated 08.03.2018 and the order on sentence dated 09.03.2018 passed by the learned ASJ-01, North West District, Rohini Courts, in SC No. 15/2016 arising out of FIR No. 1067/2015 registered under Section 376 IPC and Section 6 POCSO at P.S. Sultan Puri. The appellant was acquitted under Section 506 IPC and convicted under Section 6 read with Sections 5 (m) & (p) POCSO. Vide the impugned order on Signature Not Verified Digitally Signed By:PREM CRL.A. 631/2018 Page 1 of 10 MOHAN CHOUDHARY Signing Date:06.01.2026 22:50:54 sentence, he was directed to undergo RI for a period of 10 years along with payment of fine of Rs.5,000/-, in default whereof he would undergo SI for 1 month, for the offence punishable under Section 6 POCSO. The benefit under Section 428 Cr.P.C. was granted to the appellant. 2. The facts of the case, as noted by the Trial Court, are reproduced hereunder:- “Brief facts of the prosecution case are that on 05.11.2015, the complainant who is the paternal grandmother of the victim D came to P.S. Sultan Puri along with the victim, aged about 6 years and stated that her husband Hamid Khan did wrong act with the victim on 16.10.2015 fo