* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 12.01.2026 Judgment pronounced on: 19.01.2026 + CRL.A. 133/2021 & CRL.M.(BAIL) 663/2024 KAJAL .....Appellant Through: Mr. Ajay Verma, Ms. Smriti S. Nair and Ms. Sneha Sejwal, Advocates.

versus STATE NCT OF DELHI .....Respondent Through: Mr. Pradeep Gahalot, APP for the State.

SI Raghuraj Singh P.S.Sangam Vihar. Mr. Anuj P. Agarwala, Advocate (Amicus Curiae) with Mr. Vipul Singh, Advocate for Victim.

+ CRL.A. 141/2021 GANGA SINGH .....Appellant Through: Mr. B. Badrinath (DHCLSC) with Mr. Dhruv Bhardwaj, Advocate.

versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Pradeep Gahalot, APP for the State.

SI Raghuraj Singh P.S. Sangam Vihar Mr. Anuj P. Agarwala, Advocate (Amicus Curiae) with Mr. Vipul Singh, Advocate for Victim.

+ CRL.A. 167/2021 PUMPY GUTPA .....Appellant Through: Mr. Ajay Verma, Ms. Smriti S. Nair and Ms. Sneha Sejwal, Advocates.

versus STATE (NCT OF DELHI) .....Respondent Through: Mr. Pradeep Gahalot, APP for the State.

SI Raghuraj Singh, P.S.Sangam Vihar Mr. Anuj P. Agarwala, Advocate (Amicus Curiae) with Mr. Vipul Singh, Advocate for Victim.

CORAM:

HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA

JUDGMENT

CHANDRASEKHARAN SUDHA, J.

1. In these appeals filed under 374(2) of the Code of Criminal Procedure, 1973, the appellants/accused in SC No. 6605 of 2016 on the file of the Additional Sessions Judge-04 (Protection of Children from Sexual Offences Act, 2012), South District, Saket Courts, Delhi, assail the judgment dated 28.11.2020. By the said judgment, accused no. 1 has been convicted and sentenced for the offence punishable under Section 370 of the Indian Penal Code, 1860 (the IPC). Accused no. 2 has been convicted and sentenced for the offences punishable under Sections 323 and 370 IPC, and accused no. 3 has been convicted and sentenced for the offences punishable under Sections 376(2)(i), 323, 370A IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (the PoCSO Act).

2. The prosecution case is that on 13.08.2013, PW-1 aged about 14 years was kidnapped from village Naamkhana, District South 24, Pargana, West Bengal by Dalip, (absconding) along with accused no.1 and accused no. 2 (A-1 and A-2) in furtherance of their common intention for the purpose of trafficking and thereafter she was wrongfully confined by Dalip, A-1 and A-2 in the house of the latter, where she was beaten up and thereafter sold to accused no. 3 (A-3). PW-1 was then forcibly married off to A-3, who thereafter repeatedly raped her. PW-1 was beaten up whenever she resisted. Hence, the accused persons are alleged to have committed the offences punishable under Sections 323, 346, 354A, 363, 366, 370, 370A, 376 read with Section 34 IPC as well as Section 6 of the PoCSO Act.

3. Based on Exhibit PW-3/B FIS of PW-1, crime no.39/2014 Sangam Vihar Police Station, that is, Exhibit PW-3/A FIR, was registered by PW-19, Woman Sub Inspector (WSI). PW-19 conducted investigation into the crime and on completion of the same, submitted the chargesheet/final report before the Court on 07.02.2014, alleging the commission of the offences punishable under the aforementioned Sections.

4. When the accused persons were produced before the trial court, all the copies of the prosecution records were furnished to them as contemplated under Section 207 Cr.PC. After hearing both sides, the trial court as per order dated 02.06.2014, framed a charge under Sections 323, 346, 366, 370, 370A, 354A IPC against A-1 and A-2, and under Sections 323, 346, 366, 370, 370A, 354A and 376 IPC and Section 6 of the PoCSO Act against A- 3, which was read over and explained to the accused persons, to which they pleaded not guilty.

5. On behalf of the prosecution, PWs.1 to 19 were examined and Exts. PW3/A-B, PW4/A-B, PW4/D, PW4/F, PW6/A, PW7/A, PW10/A-B, PW11/A, PW 12/A, PW14/A, PW15/DX, PW17/A-B, PW18/A-B, PW19/A-I and Mark C-R were marked in support of the case.

6. After the close of the prosecution evidence, the