* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 4th November, 2025 Pronounced on: 18th December, 2025 Uploaded on: 18th December, 2025 + CRL.A. 761/2025 & CRL.M.(BAIL) 1183/2025 T.M ZHYMES .....Appellant Through: Ms. Neha Kapoor and Mr. Kashal Mehta, Advocates.

versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Hitesh Vali, APP for the State along with SI Amisha Kumari, PS SJ Enclave, N.D.

Ms. Liyi Manli Noshi, Ms. Shagun Pahashar, Mr. Dani Uja and Ms. Anailu Hakuag, Advocates for the Complainant.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

JUDGMENT

SANJEEV NARULA, J.:

1. This appeal under Section 415 of the Bharatiya Nagarik Suraksha Sanhita, “BNSS” (corresponding to Section 374 of the Code of Criminal Procedure, 1973, “CrPC”) arises from SC No. 7729/2016 relating to FIR No. 93/2016 dated 27^th January, 2016, registered at P.S. Safdarjung Enclave for the offence under Section 363 of the Indian Penal Code, 1860, “IPC”. By judgment dated 30^th November, 2024, the Additional Sessions Judge (SC – POCSO), South District, Saket Courts, New Delhi has convicted the Appellant under Sections 376(2)(i) and 366 of IPC read with Section 4 of the Protection of Children from Sexual Offences Act, 2012, “POCSO”. By a separate order dated 24^th February, 2025, the Appellant has been sentenced to rigorous imprisonment for fourteen years and a fine of INR 50,000/- (in default, simple imprisonment for five months) for the offence under Section 376(2)(i) IPC and rigorous imprisonment for ten years with a fine of INR 10,000/- (in default, one month’s simple imprisonment) for the offence under Section

366 IPC. The sentences were directed to run concurrently.

FACTUAL MATRIX

2. The case of the prosecution is as follows:

2.1. On 27^th January, 2016, at about 10:06 PM, information regarding a missing girl was received at P.S. Safdarjung Enclave. The inquiry was marked to ASI Rajkumar who, along with Ct. Sanjay, reached the spot and met the Complainant (the victim’s cousin). The Complainant reported that the victim, a minor ‘B’ aged about 14 years, had gone to the market around

6:00 PM and had not returned.

2.2. FIR under Section 363 IPC was registered and investigation commenced. The child’s particulars were uploaded on ZIPNET, and hue- and-cry notices were circulated. On 28^th January, 2016, while the police and the Complainant were near Humayunpur Red Light reviewing CCTV footage, the Complainant saw the victim on the road. She was taken to hospital for medical examination and inquiry. The doctor collected exhibits which were seized by the Investigating Officer. In her 161 CrPC statement, the victim stated that she was taken in a red car to an unknown location, wrongfully confined, administered an unknown substance, and sexually assaulted, before being dropped near Humayunpur Red Light. She also produced a handwritten slip allegedly given by the assailant, containing a mobile number and an e-mail ID, which was seized.

2.3. CDR of the mobile number written on the slip were obtained and verified, whereafter the Appellant was arrested on 3^rd February, 2016. On the same day, the victim was produced before the Metropolitan Magistrate and her 164 CrPC statement was recorded. Based on investigation, Sections

328/376/354-B/368 IPC and Sections 4/6 of the POCSO Act were added.

2.4. On 19^th December, 2017, charges were framed against the Appellant under Sections 366/368/34/376(2) IPC and Section 6 of the POCSO. The Appellant pleaded not guilty and claimed trial.

2.5. The Appellant admitted various documents under Section 294 CrPC, as tabulated below:

Ex.

Document / Description Date Author / Issuer No.

FIR No. 93/2016 (registration PX — HC Kanwar Singh record)

DD No. 41-A (reg. 27th January, PX-1 27^th January, 2016 —

2016)

PX-2 MLC of accused No. 23369/2016 3^rd February, 2016 Dr. Wasim Saifi PX-3 Potency test report of accused 3^rd February, 2016 Dr. Jitender Pratap Singh Proceedings of recording victim’s PX-4 3^rd February, 2016 Metropolitan Magistrate Section 164 CrPC statemen