JAGABANDHU JENA vs STATE OF NCT OF DELHI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 12.05.2026 Judgment pronounced on: 15.05.2026 + CRL.A. 1251/2025 & CRL.M.(BAIL) 1865/2025 JAGABANDHU JENA .....Appellant Through: Ms. Vrinda Bhandari, Advocate (DHCLSC) with Ms. Pragya Barsaiyan, Advocate versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Utkarsh, APP for the State with W/SI Pinki, P.S. Dabri. Ms. Inderjeet Sidhu, Advocate (DHCLSC) with Ms. Devyani Singh, Advocate for victim. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. In this appeal filed under Section 415 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the sole accused in Sessions Case No. 286 of 2018 on the file of the CRL.A. 1251/2025 Page 1 of 21 Signature Not Verified Signed By:KOMAL DHAWAN Signing Date:16.05.2026 09:37:51 Additional Sessions Judge (FTSC) (POCSO)-01, Dwarka Courts, New Delhi, assails the judgement dated 03.05.2025 and order on sentence dated 16.05.2025, as per which he has been convicted and sentenced for the offence punishable under Section 5(m) read with 6 of the Protection of Children from Sexual Offences Act, 2012 (the PoCSO Act). 2. The prosecution case is that on 06.03.2018 at about 09.30 p.m. at House No. 569, Street No. 15, Mahavir Enclave Part III, the accused inserted his finger into the urinating part of PW1. Hence, as per the charge sheet/final report, the accused is alleged to have committed the offence punishable under Section 6 of the PoCSO Act. 3. On the basis of Ext. PW1/A FIS/FIR of PW1 given on 07.03.2018, Crime no. 104/2018, Dabri Police Station, i.e., Ext. A3 FIR was registered by CW17, Assistant Sub-Inspector. PW14 Assistant Sub-Inspector conducted investigation into the crime and CRL.A. 1251/2025 Page 2 of 21 Signa