2023:DHC:2852-DB

CRL.A. 137/2019 Page 1 of 21

$~R-52

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 16.03.2023

Decided on: 27.04.2023

+

CRL.A. 137/2019

SATISH KUMAR KASHYAP alias SAGAR

..... Appellant

Represented by:

Mr. Anwesh Madhukar, Adv. through

VC, with Mr. Yaseen Siddiqui, Ms.

Prachi Niswan and Mr. Pranjal

Shekhar, Advs.

versus

STATE

..... Respondent

Represented by:

Mr. Laksh Khanna, APP for the State

with Ins. Surender, P.S. Kanjhawala.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

HON'BLE MS. JUSTICE POONAM A. BAMBA

POONAM A. BAMBA, J :-

1.0.

Vide this appeal, the appellant is assailing the judgment dated

04.10.2018 („impugned judgment‟ in short) passed by Ld. ASJ-01, North-

West District, Rohini Courts, Delhi, whereby the appellant was convicted

for the offence punishable under Section 366 Indian Penal Code, 1860

(„IPC‟ in short) as well as under Section 6 of the Protection of Children

from Sexual Offences, 2012 („POCSOAct‟ in short), in Sessions Case No.

116/2015, in FIR no. 393/2015, Police Station Kanjhawala ; and order on

sentence dated 08.10.2018, whereby the appellant was sentenced to undergo

Digitally Signed

By:GEETA JOSHI

Signing Date:28.04.2023

11:49:06

Signature Not Verified

2023:DHC:2852-DB

CRL.A. 137/2019 Page 2 of 21

imprisonment for life under Section 6 of POCSO Act with fine of Rs.

10,000/-, in default to undergo simple imprisonment for six month months ;

and is also to undergo rigorous imprisonment for a period of 10 years under

Section 366 IPC with fine of Rs. 5,000/-, in default to undergo simple

imprisonment for three months.

2.0.

Briefly stating, the prosecution case is, that on 02.06.2015, at about

5.46 pm, a PCR call (Ex. PW-13/A) was received regarding „galat kaam‟

with a minor girl near Pani ki Tanki, Ladpur Road, Kanjhawala. On which,

DD no. 35-A dated 02.06.2015 (Ex. PW-8/A) was recorded at Police Station

Khajhawala, which was assigned to ASI Suresh/PW-8. On receipt of the

said DD, ASI Suresh (PW-8) along with Lady/Ct. Chitra reached the

spot/Kanjhawala Chowk, where Smt. U, mother of the prosecutrix (PW-10)

and the victim S (PW-7) were met and mother of the prosecutrix informed

that „galat kaam‟ has been committed with her daughter. ASI Suresh/PW-8

then accompanied victim S and her parents to Sanjay Gandhi Memorial

Hospital („SGM Hospital‟ in short). IO/WSI Anita/PW-12 also reached the

hospital and met victim‟s mother U. On inquiry, victim‟s mother told that

on that day i.e. 02.06.2015, at about 2.00 pm, when she looked around for

her daughter/victim S (PW-7) to give her bath, she could not find her. She

then searched for S around her house and while she was searching, a child in

the neighbourhood (PW-14) informed that the victim S has been taken by

Sagar/the appellant/accused, who worked in a factory near their residence.

But still, she could not trace her daughter S. While she was still searching

for her daughter, she saw the appellant coming from the opposite side along

with her daughter and the moment, she saw the appellant, he ran leaving her

Digitally Signed

By:GEETA JOSHI

Signing Date:28.04.2023

11:49:06

Signature Not Verified

2023:DHC:2852-DB

CRL.A. 137/2019 Page 3 of 21

daughter/victim S. Her daughter was continuously crying. With the help of

neighbours, the appellant was nabbed. In the meanwhile, her

daughter/victim S told that the appellant/accused allured her on the pretext

of giving her chocolate and took her to some bushes and beat her up. She

then checked her daughter and found that her underwear was having blood

stains and that a galat-kaam/rape had been committ