1. Appeal against conviction for aggravated penetrative sexual assault and criminal intimidation under POCSO Act and IPC. (Para 3 , 4 )
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2026 Supreme(Online)(Del) 18943
IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, Dinesh Bhatt, JJ
Sumit Shakya – Appellant
Versus
State of NCT of Delhi – Respondent
CRL.A. 849/2026 | CRL.M.A. 26629/2026 | CRL.M.(BAIL) 1648/2026
Advocates:
For the Appellants/Petitioners: Vinayak Bhandari, Ishaan Phukan
For the Respondents: Ritesh Kumar Bahri, Divya Yadav
For the Appellants/Petitioners: Vinayak Bhandari, Ishaan Phukan
For the Respondents: Ritesh Kumar Bahri, Divya Yadav
The Court admitted the appeal against conviction for aggravated sexual assault of a child, ordered the delivery of a judge's encouraging message and compensation to the victim, and refused the suspension of sentence based on forensic evidence.
Headnote:(A) Criminal Appeal - Conviction under POCSO Act and IPC - Appeal against conviction for Aggravated Penetrative Sexual Assault and Criminal Intimidation - Admission of appeal and direction for requisition of Trial Court Records. (Para 3, 6)
(B) Victim Compensation - Implementation of POCSO Rules - Award of maximum permissible compensation under Section 33(8) of the POCSO Act and Rule 9 of the POCSO Rules, 2020 for the rehabilitation of the child victim. (Para 9)
(C) Suspension of Sentence - Bail Application - Refusal of bail during pendency of appeal based on the nature of evidence, including forensic evidence. (Para 21)
Issues: Whether the sentence of the appellant should be suspended and the appellant released on bail during the pendency of the appeal.
Legal Category Hierarchy
- crime and sentencing
- practice and procedure
-
child protection
-
posco act
- compensation under section 33(8) (Para 9)
-
posco act
Table of Contents
2. Appellant sought suspension of sentence and bail during appeal; state opposed. (Para 20 , 21 )
3. Considering forensic evidence, the court is not inclined to suspend the sentence. (Para 21 )
4. Sentence suspension denied based on strength of evidence at this stage of appeal. (Para 21 )
5. Admit appeal; notice issued; bail application dismissed; compensation status report and TCR called for. (Para 6 , 7 , 10 , 11 , 13 , 16 , 18 , 19 , 22 )
6. What is the test for suspension of sentence pending appeal in a POCSO case?
The court examines the evidence, including forensic evidence, at the preliminary stage and denies suspension if the evidence weighs against the appellant. (Para 21 )
7. Can a trial court's compensation order be revisited during the appeal?
Yes, the appellate court may call for a status report on compensation from the DLSA to ensure its implementation. (Para 10 , 13 )
8. What procedure must the appellant follow regarding past criminal antecedents?
The appellant must file an affidavit of past criminal antecedents as per Practice Direction issued by the High Court following Supreme Court directive. (Para 15 )
O R D E R
1. This hearing has been done through hybrid mode.
CRL.M.A. 26629/2026 (for exemption)
2. Allowed, subject to all just exceptions. Accordingly, the application is disposed of.
CRL.A. 849/2026
3. The present appeal has been filed by the Appellant under Section 415 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter ‘BNSS’) challenging the impugned judgment dated 20th May, 2026 and the order on sentence dated 11th July, 2026 passed by the ld. Additional Sessions Judge-01 (POCSO), North-West, Rohini, District, Delhi in Sessions Case No. 772/2023 arising out of FIR No. 350/2023 registered at P.S. Budh Vihar.
4. Vide the impugned judgement, the Appellant has been convicted in the following terms:
“152. After a thorough and careful evaluation of the entire evidence on record, this court finds that the prosecution has proved beyond all reasonable doubt that the accused Sumit Shakya, committed all the offences of which he faced the trial and convicted for the offences as mentioned below;
(i) Offence of Aggravated Penetrative Sexual Assault upon the victim who was below 12 years of age, repeatedly, punishable under section 6 read with section 5(l) and (m) of the POCSO Act and in addition; under section 376 AB/376(2)(n)IPC and
(ii) Offence of Criminal Intimidation, punishable under section 506 IPC, para two.”
5. Vide the impugned order on sentence dated 11th July, 2026, the Appellant has been sentenced in the following terms:
“32. After considering all the aggravated and mitigating circumstances, all the attending circumstances like nature of crime, and the plea of the child victim, the Court sentence the convict as follows : i. For the offence of Aggravated Penetrative Sexual Assault punishable under Section 6 r/w 5 (1) (m) of POCSO Act : Rigorous imprisonment for life, which shall mean imprisonment for the remainder of natural life of the convict and fine of Rs. 1,00,000/-. In default of payment of fine, the convict shall undergo simple imprisonment of 01 years. ii. For offence of Criminal Intimidation punishable under Section 506 EPC, para (II): Rigorous Imprisonment for 05 years and fine of Rs. 20,000/-. In default of payment of fine, the convict shall undergo simple imprisonment of 03 months.
33. For the sake of convenience as well as clarity the same is also mentioned as below in a tabulated form:
| S. No. | Offence | Substantive Sentence | Fine | Sentence in default of payment of fine |
|---|---|---|---|---|
| 1. | Offence of Aggravated Penetrative Sexual Assault, punishable u/s 6, POCSO Act | Rigorous imprisonment for life, which shall mean imprisonment for the remainder of natural life of the convict | Rs. 1,00,000/- (Rupees Fifty Thousand Only) | SI for one year |
| 2. | Section 506, para (II) IPC. | 05 years (Five years) rigorous imprisonment | Rs. 20,000/- (Rupees Twenty Thousand Only) | SI for 03 months |
34. All the sentences shall run concurrently. The entire fine amount, if recovered, shall be paid to the child victim as compensation.”
6. Admit.
7. Issue Notice. Mr. Ritesh Kumar Bahri, ld. APP accepts notice on behalf of the State.
8. Let notice be served upon prosecutrix, through the Investigating Officer.
9. A perusal of the impugned order on sentence reveals that the Trial Court has awarded compensation, after considering the unfortunate humiliation, which the child and her family were subject to and has directed proper rehabilitation to be also provided, in the following terms:
“41.Considering all the factors as enumerated above, as per Rule 9 of The Protection of Children from Sexual Offences Rules, 2020 and the observations made in the case titled as X v. State of NCT of Delhi (acting through its Secretary) (supra) as well as after evaluating the nature of the crime, the depth of suffering, and the lifelong impact on the victim child, this Court in an attempt to heal and restore the victim child holds that the victim child is entitled to the maximum compensation permissible under law. Thus, this Court awards a total final compens
