$~68 * IN THE HIGH COURT OF DELHIAT NEW DELHI + CRL.A. 71/2026&CRL.M.A. 1848/2026, CRL.M.A.

1849/2026, CRL.M.(BAIL) 118/2026 GHAFFAR ALIAS GUDDU .....Appellant Through: Ms. Inderjeet Sidhu (DHCLSC) with Mr. Lalit Chaudhary, Ms. Devyani Singh, Advs.

versus THE STATE GOVT OF NCT DELHI .....Respondent Through: Mr. Ritesh Kr. Bhari, APP with Ms.

Divya Yadav, Adv.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN

O R D E R

% 19.01.2026

1. This hearing has been done through hybrid mode.

CRL.M.A. 1848/2026 (for exemption)

2. Allowed, subject to all just exceptions. Application is disposed of.

CRL.M.A. 1849/2026 (for condonation of delay)

3. Thisisanapplicationseekingcondonationofdelayof189daysinfiling of the present appeal.

4. For the reasons stated in the application, the delay is condoned.

5. The application is allowed and is disposed of accordingly.

CRL.A. 71/2026

6. The present appeal has been filed by the Appellant under Section 415(2) read with Section 528 of the of the Bharatiya Nagarik Suraksha Sanhita, 2023 challenging the impugned judgement dated 25th February, 2025 and order on sentence dated 9th May, 2025 passed by the Ld. ASJ, (SC- POCSO), South East District, Saket Courts, New Delhi in Sessions Case No.127/2020 arising out of FIR No.34/2020 registered at P.S. Jamia Nagar under Sections 363/366/376/506 of IPC and Section 6 of POCSO Act, 2012. 7. Vide the impugned judgement, the Appellant has been convicted for offences punishable under Sections 363/366/376(2)(n)/506 of IPC and Section 6 of POCSO Act, 2012. Vide the impugned order on sentence, the Appellant has been awarded sentence in the following terms:

“[...]

21. In the opinion of this Court, there are aggravating circumstances, which dominate in the facts and circumstances of the present case and, the convict does not deserve any leniency. Hence, considering the age of the convict at the time of the commission of offence, and his present family circumstances, the convict is hereby sentenced as under:-

(i) To undergo Rigorous Life Imprisonment, which shall mean the imprisonment till the remainder of natma1 life of the convict, and to pay a fine of Rs. 50,000/- for committing the offence punishable u/s 6 of thePOCSOAct,2012, and indefaultoffine,the convict shall undergo Simple Imprisonment for a period of two years.

(ii) To undergo Rigorous Imprisonment of 07 years and to pay a fine of Rs. 10,000/- for the offence punishable u/s 363 IPC, and in default of fine, the convict shall undergo Simple Imprisonment for a period of two months.

(iii) To undergo Rigorous Imprisonment for 10 years and to pay a fine of Rs. 10,000/- for the offence punishable u/s 366 IPC, and in default of fine, the convict shall undergo Simple Imprisonment for a period of two months (iv) To undergo Rigorous Imprisonment for 07 years, and fine of Rs. 25,000/-, for the offence punishable u/s

506 IPC.

(v) As the convict has been awarded imprisonment under Sec. 6 of POCSO Act, 2012, by virtue of Sec 42 of POCSO Act, 2012, the said punishment is greater in degree to the punishment prescribed u/s 376(2)(n) IPC, and hence, no separate imprisonment is being awarded for committing the offence u/s 376(2)(n) IPC.

22. The total fine imposed upon the convict shall be deposited in the Court.

23. No fine paid.

24.All thesentencesawarded totheconvict Ghaffar @

Guddu shall run concurrently.”

8. Ms. Inderjeet Sidhu, ld. Counsel submits that the Appellant is in judicial custody.

9. Admit.

10. IssueNotice.Mr.RiteshKumarBahri,ld.APPacceptsnoticeonbehalf of the State.

11. The Registry is directed to requisition the TCR and prepare the appeal paperbookwithproperindexing,paginationandbookmarksexpeditiouslyand provide digitized copies thereof to ld Counsels appearing on behalf of the parties, upon request. Let the TCR be tagged along with this appeal by the next date of hearing.

12. Let the physical TCR be requisitioned to the Court on the next date of hearing by the Registry.

CRL.M.(BAIL) 118/2026.

13. The present application filed by the Appellant und