ORDER

% 12.01.2024 CRL.A. 769/2023

1. Mr. Rajesh Mahajan, Advocate from the Delhi High Court Legal Services Committee (DHCLSC) stated that the respondent no.1/convict Liyakat Ali (hereinafter referred to “convict”) is a poor person and is the only bread earner of the family comprising of two minor children and wife.

The convict is not a previous convict and his antecedents are clear. The present incident pertains to the year 2014 and he has already remained in custody for more than one month. The convict belongs to lower strata of the society and considering his socio-economic position, leniency may be taken against the convict. Mr. Mahajan further stated that the convict is convicted under section 9 of the Protection of Children from Sexual Offences Act (hereinafter referred to as „POCSO Act‟) which is punishable under section 10 of the POCSO Act read with section 18 of the POCSO Act. He further argued that as per section 18 of the POCSO Act, the maximum punishment which may be awarded to the convict is 3½ years and he can also be released on fine as per the mandate of section 18. After considering all facts, The Order is downloaded from the DHC Server on 28/02/2024 at 04:22:43 Mr. Mahajan further argued that the convict be released by imposing fine and besides the period already undergone by the respondent convict.

2. The Additional Public Prosecutor for the appellant/State stated that the convict on the intervening night of 1st October, 2014 at 01:30 AM committed aggravated sexual assault upon the victim who was a minor child of less than 12 years of age by kissing her and also tried to remove her lower (trouser). He further argued that the cases involving child sexual abuses are serious in nature and has to be dealt with lot sensitivity and sanctity. The convict under given facts and circumstances does not deserve any leniency and the maximum punishment be awarded to the convict.

3. As observed in the judgment dated 13th December, 2023, POCSO Act was enacted to protect the children from sexual assault, sexual harassment and other acts. The cases involving sexual exploitation and sexual abuses of the children are considered to be heinous crimes which are required to be effectively addressed. The child sexual abuse is a crime not only against the individual but also against the society and families.

4. After considering all the facts, particularly the socio-economic position of the convict and his family‟s responsibility, he is sentenced to RI for a period of one year along with fine of Rs.5,000/-, in default of payment of fine to undergo SI for a period of one month. The convict be given benefit under section 428 Cr.PC. 5 Appeal is accordingly disposed of.

6 A copy of the judgment and order on sentence be supplied to the convict.

Crl. M. (Bail) No.61/2024 The counsel for the convict argued that the convict intends to pursue The Order is downloaded from the DHC Server on 28/02/2024 at 04:22:43 further remedy before the Supreme Court against the present conviction and sentence and prayed that in view of section 389 Cr.PC, he be released on bail.

After considering all the facts, the convict is admitted to bail for a period of three months from today for pursuing further remedy before the Supreme Court in accordance with law on furnishing personal bond in the sum of Rs.10,000/- with one surety of the like amount to the satisfaction of the concerned Trial Court, subject to the condition that he will mark his presence before the concerned Police Station on every second and fourth Friday of each calendar month till the filing of the appeal.

9 Application is allowed and disposed of.

10 A copy of this order be sent to the concerned Trial Court for information and compliance.

DR. SUDHIR KUMAR JAIN, J JANUARY 12, 2024/A/AK The Order is downloaded from the DHC Server on 28/02/2024 at 04:22:44