NEUTRAL CITATION NO. 2023:DHC:2374

CRL. A. 22/2023 Page 1 of 18

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IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Reserved on: 27.03.2023

Pronounced on: 06.04.2023

+

CRL.A. 22/2023 & CRL.M.(BAIL) 29/2023

SONU@BILLA

..... Appellant

Through:

Mr. Ashish Dahiya, Advocate

versus

STATE, THROUGH SHO, PS PASCHIM

VIHAR EAST

..... Respondent

Through:

Mr. Naresh Kumar Chahar,

APP for the State with W/S

Surbhi

Aggarwal,

P.S.

Paschim Vihar East

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

J U D G M E N T

Index to the Judgment

FACTUAL BACKGROUND ........................................................... 2

ARGUMENTS OF LEARNED COUNSELS ................................. 3

EVIDENCE AND TESTIMONIES OF WITNESSES .................. 5

SECTION 354C OF IPC. VOYEURISM: ANALYSIS AND

FINDINGS .......................................................................................... 8

(i) Private Act vs. Public Act ........................................................ 11

(ii) Reasonable Expectation .......................................................... 12

CONCLUSION ................................................................................ 17

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:06.04.2023

17:05:53

Signature Not Verified

NEUTRAL CITATION NO. 2023:DHC:2374

CRL. A. 22/2023 Page 2 of 18

1.

The instant appeal under Section 374(2) of the Code of

Criminal Procedure, 1973 (‘Cr.P.C’) has been filed on behalf of

appellant against the judgment of conviction dated 15.11.2021and

order on sentence dated 15.12.2021 in Session Case No. 234/14 titled

as “State vs. Sonu @ Billa” arising out of FIR bearing no. 730/2014,

registered at Police Station Paschim Vihar East, Delhi for the

offences punishable under Section 354C of the Indian Penal Code,

1860 (‘IPC’) and Section 12 of Protection of Children from Sexual

Offences Act, 2012 (‘POCSO Act’) whereby the appellant has been

convicted by learned Additional Sessions Judge-07 (POCSO), West

Tis Hazari Courts, Delhi (‘Trial Court’) for having committed

offence under Section 354C of IPC and Section 12 of POCSO Act,

and has been sentenced to undergo rigorous imprisonment for one

year and fine of Rs.2000/-, and in default of payment of fine, to

undergo simple imprisonment for one month.

SWARANA KANTA SHARMA, J.

2.

Briefly stated, necessary for the adjudication of present appeal

are that the present FIR was registered on the basis of a complaint

lodged on 24.09.2014 whereby it was alleged that when the victim

used to sit outside her house, the appellant used to look at her with

sexual intent and whenever she used to go to take bath, the appellant

used to stand outside the bathroom on different pretexts and used to

peep inside the bathroom. It was also stated that he used to pass

vulgar remarks, comments and gestures against her. It was also

FACTUAL BACKGROUND

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:06.04.2023

17:05:53

Signature Not Verified

NEUTRAL CITATION NO. 2023:DHC:2374

CRL. A. 22/2023 Page 3 of 18

alleged that one week prior to registration of the FIR, when the

victim was sitting on a chair outside her house, the appellant had

thrown iron wire ring towards and when she had objected, he had

passed lewd comments against her. The victim had lodged complaint

and on the basis of the same, present FIR was registered under

Sections 354C/509 of IPC and Section 12 of POCSO Act. The

statement of victim was recorded under Section 164 Cr.P.C. and after

investigation, the chargesheet was filed under Sections 354C/509 of

IPC and Section 12 of POCSO Act. Charges were framed by the

le