RAJESH vs STATE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 13.05.2026 Judgment pronounced on: 16.05.2026 + CRL.A. 1128/2017 RAJESH .....Appellant Through: Mr. Harsh Prabhakar, Mr. Dhruv Chaudhry, Mr. Shubham Sourav and Mr. Vijit Singh, Advocates with appellant in person. versus STATE .....Respondent Through: Mr. Ajay Vikram Singh, APP for the State. Mr. Vaibhav Tomar, Advocate for victim. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. In this appeal filed under Section 374(2) read with 482 of the Code of Criminal Procedure, 1973 (the Cr.P.C.), the sole accused in Sessions Case No. 77/2014 on the file of the Additional CRL.A. 1128/2017 Page 1 of 29 Signature Not Verified Signed By:KOMAL DHAWAN Signing Date:16.05.2026 12:36:26 Sessions Judge, North West-01, Rohini District, Delhi, assails the judgement dated 14.07.2015 and order on sentence dated 16.07.2015, as per which he has been convicted and sentenced for the offence punishable under Section 10 of the Protection of Children from Sexual Offences Act, 2012 (the PoCSO Act). 2. The prosecution case is that on 20.11.2013, at House No. R-1126, Mangolpuri, Delhi, the accused committed aggravated sexual assault on PW6, a minor girl aged 11 years, by catching hold of her and touching/pressing her breast with sexual intent. Hence, as per the chargesheet/final report, the accused is alleged to have committed the offences punishable under Sections 354A of the Indian Penal Code (the IPC) and 10 of the PoCSO Act. 3. On the basis of Ext. PW8/A FIS/FIR of PW1, given on 20.11.2013, Crime no. 724/2013, Mangolpuri Police Station, i.e., Ext. PW4/A FIR was registered by PW4 Head Constable. PW9, Assistant Sub Inspector conducted investigation into the crime and CRL.A. 1128/2017 Page 2 of 29 S