SUHAIL vs STATE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 29.04.2026 Judgment pronounced on:04.05.2026 + CRL.A. 240/2017 SUHAIL .....Appellant Through: Mr. Mohd. Shamikh, Advocate along with appellant in person. versus STATE .....Respondent Through: Mr. Ajay Vikram Singh, APP for the State with SI Arvind Verma and SI Anita, P.S. Gokalpuri CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. In this appeal filed under Section 374 read with Section 383 of the Criminal Procedure Code, 1973 (the Cr.P.C.), the sole accused in Sessions Case No.44445/2015 on the file of the Additional Sessions Judge (North-East), Karkardooma Courts, Delhi, assails the judgement dated 11.11.2016 and order on sentence dated 15.11.2016, as per which he has been convicted and Signature Not Verified CRL.A. 240/2017 Page 1 of 22 Signed By:KOMAL DHAWAN Signing Date:04.05.2026 13:33:09 sentenced for the offences punishable under Section376(2)(n), Section 366 and 363 of the Indian Penal Code, 1860 (the IPC). 2. The prosecution case is that on 20.01.2014, at around 12:00 PM, the accused kidnapped PW1, a minor girl aged about 16 years, from the lawful guardianship of her parents to a hostel in Delhi and Rampur in U.P. with the intent to force or seduce her into illicit intercourse and further committed penetrative sexual assault upon her without her consent and against her will. As per the chargesheet/ final report, the accused is alleged to have committed the offences punishable under Sections 363, 376 IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (the PoCSO Act). 3. On the basis of Ext. PW7/A FIS/FIR of PW7, given on 20.01.2014, Crime no. 84/2014, Gokal Puri Police Station, i.e., Ext. PW3/A FIR was registered by PW3, Assistant S