STATE OF NCT OF DELHI vs DEEPAK

Judgment text excerpt

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of order: 20.05.2026 + CRL.A. 236/2021 & CRL.M.A. 15584/2026 STATE OF NCT OF DELHI .....Appellant Through: Mr. Aman Usman, APP with Mr. Manvendra Yadav, Mr. Atiq Ur Rehman, Advocates along with SI Sandeep Bishnoi, PS Mayapuri versus DEEPAK .....Respondent Through: Mr. Dinesh Malik, Mr. Puneet Jain, Mr. Lavish Arora, Advocates with respondent in person. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE RAVINDER DUDEJA RAVINDER DUDEJA, J. (ORAL) 1. Vide our judgment dated 04th May, 2026, the present appeal was allowed and the impugned judgment dated 18th December, 2019, passed by the learned Trial Court, has been set aside and respondent Deepak has been convicted for the offences punishable under Section 363/366/342 of the Indian Penal Code 1860 [“IPC”] and Section 6 of the Protection of Children from Sexual Offences Act, 2012 [“POCSO Act”]. 2. We have heard the learned counsel for the respondent/convict and the learned Additional PP on the point of quantum of sentence as Signature Not Verified Signed By:VAISHALICrl. A. 236/2021 Page 1 of 8 PRUTHI Signing Date:20.05.2026 16:21 also on an application under Section 4 of Probation of Offenders Act, 1958, seeking release on probation of good conduct. 3. The learned counsel for respondent/convict submits that the age of the convict was 21 years at the time of commission of offence. It is further submitted that the convict is the sole bread-earner of his family, and his incarceration at this stage, would not only adversely affect his future prospects but would also cause immense economic hardship to his 72-year old mother, who is suffering from age-related ailments. It is further submitted that the convict is presently working as a daily wage worker at a flex shop an