$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010877252024 + CRL.A. 1130/2024 & CRL.M.A. 36174/2024 STATE .....Appellant Through: Mr. Utkarsh, APP for State with SI Amandeep versus KRISHAN KUMAR SOMAVAT @ PONI .....Respondent Through: Ms. Tanya Agarwal and Mr. Vishal Maurya, Advocates CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA O R D E R % 10.09.2026 1. The matter was reserved vide order dated 03.09.2026. However, the matter is listed today for clarification. 2. This appeal under Section 377 of the Code of Criminal Procedure, 1973 (the Cr.PC.), has been filed by the State aggrieved by the order on sentence dated 21.02.2022 in Case No. 426288/2016 on the file of the Metropolitan Magistrate-03 (Mahila Court), District South-West, Dwarka Courts, New Delhi. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/09/2026 at 15:57:50 3. As per the impugned judgment dated 16.09.2021, the appellant/accused has been found guilty of the offences punishable under Sections 354 and 509 of the Indian Penal Code, 1860 (the IPC). As per order on sentence dated 21.02.2022, the appellant has been sentenced to simple imprisonment of 30 days, that is, the period already undergone, for the offence punishable under Section 354 IPC and to simple imprisonment for a period of 15 days, that is, the period already undergone, for the offence punishable under Section 509 IPC. 4. The appeal has been filed challenging the sentence passed by the trial court. As per Section 354 IPC, the minimum sentence liable to be imposed is one year. However, as per clause (a) to Sub-section (1) of Section 377 Cr.P.C., the appeal ought to have been filed before the Court of Session concerned. 5. In the light of the aforesaid provision, the appeal is not maintainable before this Court. 6. The appeal stands dismissed. Application(s), if any, This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/09/2026 at 15:57:50 pending, shall stand closed. CHANDRASEKHARAN SUDHA, J SEPTEMBER 10, 2026 p’ma This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/09/2026 at 15:57:50