* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 16.03.2026 Judgment pronounced on:24.03.2026 + CRL.A. 448/2020 & CRL.M.A. 1344/2026 &CRL.M.(BAIL)

1795/2025 SANDEEP BEDWAL .....Appellant Through: Mr. Akshay Bhandari, Ms. Megha Saroa, Mr. Kushal Kumar, Mr. Janak Raj Ambavat and Mr. Anmol Sachdeva, Advocates.

versus STATE .....Respondent Through: Mr. Utkarsh, APP for State with SI Pramod Kumar, Cyber Cell, Crime Branch.

Mr. Faraz Maqbool, Ms. Sana June and Ms. A. Sahitya Veena, Advocates (DHCLSC) for respondent no. 2.

+ CRL.A. 413/2020 GEETA ARORA @ SONU PUNJABAN .....Appellant Through: Mr. Vikas Pahwa, Senior Advocate with Mrs. Preeti Pahwa, Ms. Neena Nagpal, Mr. Malak Bhatt, Mr. A. Singh Rawat, Mr. Jasmeet S. Chadha, Ms. Priyal Jain and Ms.

Nishta Juneja, Advocates.

versus THE STATE (NCT) OF DELHI .....Respondent Through: Mr. Utkarsh, APP for State with SI Pramod Kumar, Cyber Cell, Crime Branch.

CORAM:

HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA

JUDGMENT

CHANDRASEKHARAN SUDHA, J.

1. In these appeals filed under Section 374 of the Code of Criminal Procedure, 1973 (the Cr.PC.), the appellants/accused persons, 2 in number, in S.C. No. 190/2018 on the file of the Additional Sessions Judge-04 (PoCSO), South-West, Dwarka Courts, New Delhi, assail the judgment dated 16.07.2020 and order on sentence dated 22.07.2020. Vide the impugned judgment and order on sentence, accused no. 1 (A1) has been convicted for the offences punishable under Sections 363, 366, 366A, 370, 372, 376, and 120B of the Indian Penal Code, 1860 (the IPC) and accused no. 2 (A2) has been convicted for the offences punishable under Sections 366A, 370, 372, 373, 328, 342 and 120B IPC.

2. The prosecution case is that on 11.09.2009, PW1, a minor girl aged about 12 years, was kidnapped regarding which Crime No. 193/2009 Harsh Vihar, Police Station was registered under Section 363 IPC at the instance of PW8, the father of PW1. It is alleged that A2 had enticed PW1 out of the keeping of the lawful guardianship of PW8 under the pretext of marriage, took her to the house of one Seema at Laxmi Nagar, Delhi and raped her. Thereafter, PW1 was sold by A2 to several persons who forced her into prostitution and sexually exploited her. During the course of such trafficking, PW1 was ultimately sold to A1, who is alleged to have used the victim for prostitution, administered intoxicating drugs to her and charged money from customers for sexual exploitation and sold the victim to other persons, due to which PW1 continued to be sexually exploited and trafficked at different places. As per the chargesheet/final report dated 20.03.2018, the accused persons are alleged to have committed the offences punishable under Sections 328, 342, 363, 366A, 370, 372, 373 and 120-B IPC and Sections 4, 5 and 6 of the Immoral Traffic (Prevention) Act, 1956 (the ITP Act).

3. Based on Exbt. PW1/A FIS/FIR dated 09.02.2014 of PW1, crime no. 104/2014, Najafgarh Police Station, i.e., Exbt. PW11/A, was registered by PW11, Assistant Sub Inspector. PW20, Woman Sub-Inspector, conducted investigation into the crime and on completion of the same, submitted the chargesheet/final report dated 20.03.2018before the trial court, 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 vide order dated 24.05.2018 framed a Charge against the accused persons. A1 was charged for the offences punishable under Sections 366A, 370, 372, 373, 328, 342 and 120B IPC and Sections 4, 5 and 6 of the ITP Act and A2 was charged for the offences punishable under Sections 363, 366, 366A, 370, 372, 376 and 120B IPC, which were read over and explained to them, to which they pleaded not guilty.

5. On behalf of the prosecution, PWs.1 to 27 were examined and Exbt.sPW1/A-G, PW1/D1-D8, Mark A1, PW2/A- E