FAIZAAN TAK vs THE STATE N.C.T. OF DELHI AND ANR

Judgment text excerpt

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 13.03.2026 + CRL.A. 1031/2024 and CRL.M.A. 21912/2025 & CRL.M.(BAIL) 232/2026 FAIZAAN TAK .....Appellant Through: Mr. Abhishek Gupta, Advocate versus THE STATE N.C.T. OF DELHI AND ANR .....Respondents Through: Mr. Utkarsh, APP for the State CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT (ORAL) CHANDRASEKHARAN SUDHA, J. CRL.M.(BAIL) 232/2026 1. This application under Section 430(1) read with Section 530 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (the BNSS), has been filed on behalf of the sole accused in CIS No. 7088/2016 on the file of the Additional Sessions Judge (Special Court - Rape Cases), South District, Saket Courts, New Delhi, seeking suspension of sentence. As per the impugned judgment dated Signature Not Verified Signed By:KOMAL DHAWAN CRL.A. 1031/2024 Page 1 Signing Date:17.03.2026 10:24:24 23.07.2024, the accused has been found guilty of offences punishable under Sections 450 and 376 of the Indian Penal Code, 1860 (IPC). Vide the order on sentence dated 21.09.2024, the accused has been sentenced to undergo simple imprisonment for a period of seven years and fine of ₹1,00,000 and in default of payment of fine, simple imprisonment for one month for the offence punishable under Section 376 IPC and to simple imprisonment of one year and fine of ₹1000 and in default of payment of fine, simple imprisonment for seven days for the offence punishable under Section 509 IPC. The sentence has been directed to run concurrently. 2. The prosecution case is that on 01.08.2015, the accused criminally trespassed into the room of PW1 with the intent to rape her and subsequently committed rape upon her. 3. It was submitted by the learned counsel for the appellant/accused that, this was a case of c