PANKAJ vs STATE OF NCT OF DELHI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 06.01.2026 Judgment pronounced on: 12.01.2026 + CRL.A. 192/2025 and CRL.M.(BAIL) 330/2025 PANKAJ .....Appellant Through: Mr. Abhinav Bajaj, Mr. Saksham Ojha, Ms. Geetashi Chandna and Ms.Priya Fandon, Advocates. versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Utkarsh, APP for the State. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. In this appeal filed under Sections 415(2) and 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the appellant, the sole accused, in S.C. No. 932/2017 on the file of the Special Court under the Protection of Children from Sexual Offences Act, 2012, Tis Hazari Courts, Delhi, challenges the conviction entered, and sentence passed against him for the offences punishable under Signature Not Verified CRL.A. 192/2025 Page 1 of 22 Signed By:KOMAL DHAWAN Signing Date:13.01.2026 10:28:45 Sections 354, 376(2)(i) of the Indian Penal Code, 1860 (the IPC) and Section 10 of the Protection of Children from Sexual Offences Act, 2013 (the PoCSO Act). 2. The prosecution case is that on 03.11.2017 between 07:30 PM and 08:00 PM near Sati Mandir, Aram Bagh, Paharganj, the appellant/accused committed rape/aggravated penetrative sexual assault on PW3 and PW4, who were aged about seven years and six years respectively. On the next day, i.e., 04.11.2017, a PCR call was received at Police Station Paharganj vide DD No. 14A, Ext. PW17/A, regarding the incident, pursuant to which PW17 and PW19, the Sub Inspectors, reached the aforesaid place where they met PW3 and PW4 as well as their parents. The accused was also present, as he was held by members of the public. The accused was handed over to the police. PW19 recorded the FIS of PW2, that is, Ex. PW2/A.