BH vs STATE NCT OF DELHI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 28.04.2026 Judgment pronounced on: 04.05.2026 + CRL.A. 1062/2025 and CRL.M.A. 21877/2025 & CRL.M.(BAIL) 1611/2025 BH .....Appellant Through: Mr. Vikram Singh, Mr. Sandeep Arya, Mr. Deepak Sharma, Ms. Nidhi Tiwari and Ms. Vishruti Chauhan, Advocates. versus STATE NCT OF DELHI .....Respondent Through: Mr. Utkarsh, APP for the State. SI Sachin, PS BHD Nagar. Mr. Aniruddha Ghosh, Amicus Curiae for prosecutrix. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. In this appeal filed under Section 415(2) read with Section 528 Bhartiya Nagarik Suraksha Sanhita, 2023 (the B.N.S.S.) the appellant, the sole accused, in Sessions Case No. 440576/2016 on the file of the Additional Sessions Judge Signature Not Verified CRL.A. 1062/2025 Page 1 of 23 Signed By:KOMAL DHAWAN Signing Date:04.05.2026 13:33:09 (FTSC) (POCSO)-02, South West District, Dwarka Courts, New Delhi, assails the judgment dated 13.12.2021 and the order on sentence dated 30.04.2022 as per which, he has been convicted and sentenced for the offences punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (the PoCSO Act) and under Sections 366 and 506 of the Indian Penal Code, 1860 (the IPC. 2. The prosecution case is that the accused on 17.03.2015 at 12.30 AM, near Najafgarh terminal, New Delhi, criminally intimidated PW2, the victim with a knife, took her to a secluded place and committed aggravated penetrative sexual assault upon her. The accused also voluntarily caused hurt to PW2. Hence, as per the final report/ charge sheet, the accused is alleged to have committed the offences punishable under Sections 366, 376, 323, 506 IPC and Section 6 PoCSO Act. 3. Based on Ext. PW1/A FIS/FIR of