MADHU SHUDHAN DUTTO vs STATE GOVT. OF NCT OF DELHI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 08.01.2026 Judgment pronounced on: 15.01.2026 + CRL.A. 649/2025 & CRL.M.(BAIL) 1046/2025 MADHU SHUDHAN DUTTO .....Appellant Through: Mr. Biswajit Kumar P. and Ms. Khushboo Gupta, Advocates. Versus STATE GOVT. OF NCT OF DELHI .....Respondent Through: Mr. Pradeep Gahlot, APP for State Mr. Amit Gupta, Mr. Kshitij Vaibhav, Ms. Muskan Nagpal and Mr. H.S. Mahapatra, Advocates for respondent No.2. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. In this appeal filed under Section 415(2) read with Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023, the appellant, the sole accused in SC No. 2685 of 2016 on the file of the Special Court under the Protection of Children from Sexual Offences Act, 2012, Saket Courts, Delhi, assails the judgment dated 17.01.2025 as per which he has been convicted and sentenced for the offences punishable under Section 6 of the PoCSO Act and Section 342 of Signature Not Verified CRL.A. 649/2025 Page 1 of 35 Signed By:KOMAL DHAWAN Signing Date:15.01.2026 15:37:01 the Indian Penal Code, 1860.(IPC) 2. The prosecution case is that on 28.06.2016 at about 03:45 PM at A-215, V.P. Singh Camp Railway Colony, Tuglakabad, New Delhi, the appellant/accused wrongfully confined PW1, the daughter of PW7, a minor girl aged about 9 years, in his clinic and committed aggravated penetrative sexual assault upon her. 3. On the basis of Ext. PW7/A FIS of PW7, given on 28.06.2016, crime no. 198/2016, Prahladpur Police station, that is, Ext. PW13/A was registered by PW13 Woman Sub-Inspector (WSI). PW13 conducted investigation into the crime and on completion of the same filed the charge-sheet/final report alleging commission of offences punishable under Sections 342