RAJENDER SHARMA vs THE STATE (GOVT OF NCT) DELHI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 30.04.2026 Judgment pronounced on: 05.05.2026 + CRL.A. 610/2020 RAJENDER SHARMA .....Appellant Through: Mr. Dhruva Bhagat, Advocate versus THE STATE (GOVT OF NCT) DELHI .....Respondent Through: Mr. Ajay Vikram Singh, APP for State with SI Rahul Rathi Ms. Aishwarya Rao, Advocate with Ms. Mansi Rao, Advocate for Victim CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. In this appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973, (the Cr.P.C.) read with 383 Cr.P.C., the sole accused, in Sessions Case No. 6565/2016 on the file of the learned Additional Sessions Judge-04 (POCSO), South District, Saket Courts, New Delhi, challenges the judgement dated 16.03.2020 and the order on sentence dated 26.05.2020 as per CRL.A. 610/2020 Page 1 of 25 Signature Not Verified Signed By:KOMAL DHAWAN Signing Date:05.05.2026 12:34:11 which, he has been convicted and sentenced for the offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (the PoCSO Act) and Section 376(2)(f) of the Indian Penal Code, 1860 (the IPC). 2. The case of the prosecution is that on 13.01.2013, at D- 29/3, Rashtriya Marg, Sangam Vihar, the accused, a tenant in the house of PW1, the victim aged 6 years, committed penetrative sexual assault on her. 3. On the basis of Exhibit PW1/A FIS/FIR of PW1, given on 14.01.2013, Crime No. 19/2013, Sangam Vihar police station, that is, Ex. PW3/A, FIR was registered by PW3, Duty Officer/Station House Officer. PW10, Sub-Inspector, C.R. Park police station conducted the investigation into the crime and submitted the charge-sheet/final report before the jurisdictional magistrate alleging commission of the offences punishable