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2026 Supreme(Online)(Del) 153

IN THE HIGH COURT OF DELHI AT NEW DELHI
CHANDRASEKHARAN SUDHA, J
PANKAJ – Appellant
Versus
STATE OF NCT OF DELHI – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Abhinav Bajaj, Mr. Saksham Ojha, Ms. Geetashi Chandna, Ms. Priya Fandon
For the Respondents: Mr. Utkarsh

JUDGMENT

CHANDRASEKHARAN SUDHA, J.

1. In this appeal filed under Sections 415 (2) and 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 , the appellant, the sole accused, in S.C. No. 932/2017 on the file of the Special Court under the Protection of Children from Sexual Offences Act, 2012 , Tis Hazari Courts, Delhi, challenges the conviction entered, and sentence passed against him for the offences punishable under Sections 354 , 376(2)(i) of the Indian Penal Code, 1860 (the IPC ) and Section 10 of the Protection of Children from Sexual Offences Act, 2013 (the PoCSO Act).

2. The prosecution case is that on 03.11.2017 between 07:30 PM and 08:00 PM near Sati Mandir, Aram Bagh, Paharganj, the appellant/accused committed rape/aggravated penetrative sexual assault on PW3 and PW4, who were aged about seven years and six years respectively. On the next day, i.e., 04.11.2017, a PCR call was received at Police Station Paharganj vide DD No. 14A, Ext. PW17/A, regarding the incident, pursuant to which PW17 and PW19, the Sub Inspectors, reached the aforesaid place where they met PW3 and PW4 as well as their parents. The accused was also present, as he was held by members of the public. The acc

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