The court upheld the conviction under IPC and POCSO, emphasizing the seriousness of the offences while allowing the appellant to suspend the sentence for appeal.

ORDER :

1. This appeal is filed assailing judgment on conviction dated 20.01.2025 and order on sentence dated 31.01.2025 passed by A.S.J.-01, Spl. Judge (POCSO), Shahdara District, Karkardooma Court in FIR No. 39/2017 under Sections 354-D/323/509 of the Indian Penal Code, 1860 and 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO) registered at PS Harsh Vihar.

2. Appellant was held guilty and convicted for the offences under Sections 354D/509 IPC & section 12 POCSO Act and was acquitted for offence under Section 323 IPC.

3. Appellant was sentenced for rigorous imprisonment for a period of one (1) year for the offence committed under Section 354D IPC along with fined Rs. 50,000/- and rigorous imprisonment for a period of one (1) year for the offence committed under Section 509 IPC along with fine of Rs. 50,000/-. All the sentences were ordered to run concurrently.

4. Issue notice.

5. Admit

6. TCR be requisitioned and a digital copy be placed on record and supplied to counsel for the parties, if and when requested.

CRL.M.(BAIL) 339/2025

7. This is an application filed under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking suspension of the order on sentence dated 31.01.2025.

8. Learned counsel for the Appellant states that the Trial Court vide order dated 31.01.2025 has suspended the sentence for a period of 60 days to enable the Applicant in filing appeal which shall expire on 31.03.2025.

9. She states that the Petitioner will deposit the compensation amount of Rs. 1 lakh awarded to the prosecutrix vide impugned order dated 31.01.2025 within 15 days.

10. Issue notice. Learned APP accepts notice.

11. Considering the nature of the offence, the Investigating Officer will inform the prosecutrix/complainant in writing regarding the pendency of the present matter to enable them to be present in the Court personally or through authorized representative/counsel, if they so desire. It is clarified that it is not compulsory for the prosecutrix/complainant to appear in person. The I.O. will also inform the prosecutrix/complainant that she can approach DHCLSC with a request to assign her a counsel and the I.O. will render assistance to her for approaching DHCLSC.

12. List on 26.03.2025 at 04:00 PM

13. Counsel for parties will file a 1-page note of arguments, synopsizing their contentions, with reference to relevant PDF page numbers of the Court file, along with list of citations, on which they wish to reply upon, at least a week before the next date of hearing, after exchanging copies inter se counsels.