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2024 Supreme(Online)(DEL) 1702

HIGH COURT OF DELHI
STATE – Appellant
Versus
LIYAKAT ALI & ANR. – Respondent


Advocates:
G M FAROOQUI

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:

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