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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.A. 49/2026

VIRENDER KUMAR .....Appellant

Through: Mr. Surjeet Singh, Mr. Gaurav Singh,

Mr. Krishna Pratap, Advocates

(through V.C.)

versus

STATE NCT OF DELHI .....Respondent

Through: Mr. Sunil Kumar Gautam, APP for the

State with SI Sonal Raj, PS Bharat

Nagar.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 14.01.2026 CRL.M.A. 1139/2026 (exemption)

Exemption allowed subject to all just exceptions.

CRL.A. 49/2026 & CRL.M.A. 1138/2026 (delay in filing) & CRL.M.A.

1140/2026 (delay in re-filing)

1. Present Criminal Appeal has been filed under section 415 of the Bharatiya Nagrik Suraksha Sanhita, 2023 ('BNSS') against the judgment dated 03.05.2025 and order on sentence dated 06.05.2025 passed by learned

Addl. Sessions Judge-01, North West District, Rohini Courts, Delhi.

2. Appellant has been held guilty for committing offences under Sections 376(2)(n), 506 IPC and Section 5(1) punishable under Section 6 of Protection of Children from Sexual Offences (POCSO) Act, 2012. As per

the judgment of the learned Trial Court, the appellant has been sentenced as under:-

3. According to appellant, the evidence has not been appropriately evaluated by the learned Trial Court and, in fact, the child victim and the appellant were in friendly relationship with each other which was not digested by her uncle, and, thus, the present case is false and frivolous one. 4. Learned Addl. P.P. for the State appears on advance notice.

5. Two applications under Section 5 of Limitation Act have also been filed seeking condonation of delay of around 90 days in lodging the present appeal and delay of 59 days in re-filing of the appeal.

6. Keeping in mind the fact that the appellant is languishing in jail and belongs to poor strata, and for the reasons assigned in the applications, the delay in filing and re-filing is, hereby, condoned.

7. The applications stand disposed of in abovesaid terms.

8. The appeal is admitted

9. List in due course.

10. Let Trial Court Record be requisitioned in digitized form and copy thereof be supplied to all concerned.

CRL.M.(BAIL) 75/2026

11. The present application has been filed under Section 482 Cr.P.C. (corresponding Section 423 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking suspension of sentence till pendency of the appeal.

12. As already noted above, the maximum sentence awarded to him is that of 20 years.

13. The applicant would file a specific affidavit either himself or through parokar, clearly specifying about the details of his previous criminal involvements, if any, and outcome thereof. In case, he was arrested and was released on bail in any such previous matter, copy of the bail orders passed in those cases shall also be annexed.

14. Let Status Report be filed by the State before the next date of hearing.

15. Nominal Roll be also requisitioned from the Jail Authorities.

16. Notice be also issued to prosecutrix through concerned IO.

17. List on 27.02.2026.

MANOJ JAIN, J JANUARY 14, 2026 st