2023/DHC/000516

Crl. A. 404/2018 Page 1 of 33

$~R-1

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IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Reserved on: 04.01.2023

Decided on: 23.01.2023

+

CRL.A. 404/2018

AKHILESH ARYA

..... Appellant

Represented by:

Mr. Jitendra Sethi, Advocate

with Mr. Hemant Gulati, Mr.

Keshav

Sethi,

Mr.

Bharat

Kashyap, Mr. Sidhanth Mor &

Ms. Anshika Sethi, Advocates.

versus

STATE

..... Respondent

Represented by:

Mr. Prithu Garg, APP for

the State.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

HON'BLE MS. JUSTICE POONAM A. BAMBA

POONAM A. BAMBA, J :-

1.0

Vide this appeal under Section 374 Cr.P.C read with Section 482

Cr.P.C, the appellant is assailing the judgment dated 22.02.2018

(„impugned judgment‟ in short) passed by Ld. ASJ-01, West, Special Judge

under Protection of Children from Sexual Offences Act, 2012. („POCSO

Act‟ in short), Tis Hazari Courts, Delhi, whereby the appellant was

convicted for the offence under Section 6 of POCSO Act, in new S.C. No.

56841/2016, in case FIR no. 245/2013, Police Station Uttam Nagar ; and

order on sentence dated 14.03.2018, whereby the appellant was sentenced to

undergo rigorous imprisonment for life under Section 6 of POCSO Act with

fine of Rs. 20,000/-, in default to undergo rigorous imprisonment for one

year.

Digitally Signed

By:GEETA JOSHI

Signing Date:24.01.2023

15:34:44

Signature Not Verified

2023/DHC/000516

Crl. A. 404/2018 Page 2 of 33

2.0 Briefly stating, the prosecution case is that on 12.05.2013, at about 3.56

pm, an information was received at police station Uttam Nagar regarding a

quarrel near Gurudwara, (address withheld), Mohan Garden ; same was

reduced into writing by the duty officer PW-1 HC Jagdish in DD register

vide DD no. 34-A, which is Ex. PW-1/A. Said DD was handed over to PW-

9 SI Bhupender who on receipt of same, reached at house no...., (address

withheld) Gali no. 6, Mohan Garden, Uttam Nagar, Delhi, where he was

informed by the public person that the prosecutrix and her mother had been

taken to the police station by PCR Van. PW-9 SI Bhupender then returned

to the police station, where he met the prosecutrix PW-4 and her mother/PW-

2, who told him about „galat kaam‟ with the prosecutrix. After bringing the

matter to the knowledge of the SHO, PW-9 along with PW-5 lady constable

Sarita took the prosecutrix/PW-4 to DDU Hospital, Hari Nagrar, New Delhi

for medical examination. In the meanwhile, PW-13 SI Satyawati also

reached the DDU Hospital. After getting the prosecutrix/PW-4 medically

examined, PW-13 SI Satyawati recorded the statement of PW-2 mother of

the prosecutrix as the prosecutrix being 4 years old. Thereafter, PW-13/SI

Satyawati accompanied the prosecutrix and her mother/the complainant/PW-

2 to the place of occurrence and prepared site plan Ex. PW-13/B.

2.1.

It is further the case of prosecution that on PW-13‟s return to the

police station, PW-9 SI Bhupender produced the appellant/accused Akhilesh

Arya before her and informed her that he was brought by the public persons

to the police station. The prosecutrix‟s mother/complainant/PW-2 identified

the accused. PW-13/SI Satyawati arrested the appellant/accused vide arrest

memo Ex. PW-2/B in presence of PW-2/mother of the prosecutrix. After his

Digitally Signed

By:GEETA JOSHI

Signing Date:24.01.2023

15:34:44

Signature Not Verified

2023/DHC/000516

Crl. A. 404/2018 Page 3 of 33

arrest, the appellant/accused was taken by PW-8 Ct. Rajvir to DDU Hospital

for medical examination on the intervening night of 12-13.05.2013. After

the appellant/accused‟s medical examinatio