$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 562/2024 SHAILENDRA KUMAR SINGH @ GAPPU SINGH .....Appellant Through: Mr.Murari Tiwari, Mr.Rahul Kumar and Ms.Indira Murthy, Advocates versus STATE (NCT OF DELHI) .....Respondent Through: Mr.Pradeep Gahalot, APP for State with Mr.Devvrat Sharma and Mr.Japneet Singh, Advocates Ms. Gayatri Nandwani, Advocate for victim CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 12.12.2025 CRL.M.(BAIL) 1078/2024 (suspension of sentence)

1. The present application has been filed seeking suspension of sentence during the pendency of the appeal.

2. By way of the appeal, the appellant seeks to assail the judgement of conviction dated 22.05.2023 and order on sentence dated 06.10.2023 vide which he has been directed to undergo imprisonment for a period of 1 year for the offence punishable under Section 342 IPC; imprisonment for a period of 10 years alongwith payment of fine of Rs.10,000/- for the offence alongwith payment of fine of Rs.10,000/- for the offence punishable under punishable under Section 506 IPC; and imprisonment for a period of 20 years alongwith payment of fine of Rs.10,000/- for the offence punishable under Section 6 POCSO. All the sentences were directed to run concurrently and the benefit under Section 428 Cr.P.C. was granted to the appellant.

3. Mr. Tiwari, learned counsel for the appellant, submits that though the appellant has been convicted for the offence punishable under Section 6 of the POCSO Act, in the medical examination of the child victim the hymen was found to be intact. He also submits that the child victim has stated that another child was present at the spot; however, she was not examined. He further submits that the appellant has undergone about 9 ½ years of sentence.

4. The present application is opposed by the learned APP for the State and the learned counsel for the victim. It is stated that the narration of the child victim stands corroborated by the MLC, which was proved through PW-4, who stated that there were scratch marks on body parts and redness was also noted in the genital area of the child victim. It is stated, however, that the FSL has remained inconclusive.

5. Considering all of the aforesaid, as well as the testimony of the child victim, the FSL report, and looking into the appellant’s latest nominal roll, as per which he has undergone about 9 ½ years of incarceration, the sentence of the appellant is suspended during the pendency of the appeal on his furnishing a personal bond in the sum of Rs.10,000/- with one surety of like amount to the satisfaction of the concerned Trial Court/Duty J.M./link J.M., and also subject to the following further conditions:-

(i) The appellant shall provide his mobile number to the Investigating Officer on which he shall remain available during the pendency of the present appeal.

(ii) In case of change of residential address or contact details, the appellant shall promptly inform the same to the concerned Investigating Officer as well as to this Court.

(iii) The appellant shall not directly/indirectly try to get in touch with the victim or any other prosecution witnesses.

(iv) The appellant shall regularly appear before the Court as and when the appeal is taken up for hearing.

6. With the above directions, the present application is disposed of.

7. A copy of this order be communicated electronically forthwith to the concerned Jail Superintendent for information and necessary compliance.

8. A copy of this order also be uploaded on the website forthwith.

CRL.A. 562/2024

1. List in due course.

2. As per the report received from DSLSA, the compensation amount has already been disbursed to the victim.

MANOJ KUMAR OHRI, J DECEMBER 12, 2025/na