X vs STATE (GNCT OF DELHI) & ANR.

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. 558/2024 X .....Appellant Through: Mr. Sunil Choudhary, Advocate. versus STATE (GNCT OF DELHI) & ANR .....Respondent Through: Mr. Utkarsh, APP for State with SI Anamika Meena, PS – Ghazipur. 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.PC) read with Section 383 Cr.PC, the sole accused in SC No. 616/2017 on the file of the Additional Sessions Judge, (SC-PoCSO), East District, Karkardooma Courts, Delhi, assails the judgment dated 03.10.2023 and the order on sentence dated 20.12.2023 as per which he has been convicted and sentenced for the offences punishable under Section 6 of the Protection of Children from Sexual Offences Act, CRL.A. 558/2024 Page 1 of 40 Signature Not Verified Signed By:KOMAL DHAWAN Signing Date:04.05.2026 13:33:09 2012 (the PoCSO Act) and Section 376(2) of the Indian Penal Code, 1860 (the IPC). 2. The Prosecution case is that on 08.05.2016 at about 03:30 P.M., at house no. B-55, 2nd floor. Gali no. 4, Gazipur, Delhi, the accused, the father of PW1, a minor girl, aged 8 years committed aggravated penetrative sexual assault on her and criminally intimidated her by threatening to beat her up in case she disclosed anything to PW7, her mother. Hence, as per the charge- sheet/final report dated 17.09.2017, the accused was alleged to have committed the offences punishable under Sections 376, 506 IPC and Sections 4 and 6 of the PoCSO Act. 3. On the basis of Exhibit PW7/A FIS/FIR of PW7, given on 09.05.2016, crime no. 248/2016, Gazipur Police Station, i.e., Exhibit PW12/B FIR dated 09.05.2016 alleging the commi