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2025 DAILYLAW 15344 (DEL)

H v. STATE THROUGH SHO PS BINDA PUR & ANR.

CRL.A./473/2025 · 2025-09-16

Swarana Kanta Sharma

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL.A. 298/2025 & connected matter Page 1 of 24 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 16.09.2025 + CRL.A. 298/2025 & CRL.M .(BAIL) 557/2025 (for suspension of sentence) R ...Appellant Through: M r. Arjun M alik, Advocate versus STATE OF NCT OF DELHI & ANR. ...Respondents Through: M r. Naresh Kumar Chahar, AP for the State with M s. Puja M ann, Advocate and SI Sangeta M alik. + CRL.A. 473/2025 & CRL.M .(BAIL) 814/2025 (for suspension of sentence) H ...Appellant Through: M r. Dinesh M alik (DHCLSC), M r. Punet Jain, M s. Kifi Aggarwal, Advocates versus STATE THROUGH SHO PS BINDA PUR & ANR. ...Respondents Through: M r. Naresh Kumar Chahar, AP for the State with M s. Puja M ann, Advocate and SI Sangeta M alik. CORAM : HON'BLE DR. JUSTICE SW ARANA KANTA SHARM A JUDGM ENT DR. SW ARANA KANTA SHARM A, J CRL.A. 298/2025 & connected matter Page 2 of 24 1. These criminal appeals have ben filed, assailing the judgment GDWHG >KHUHDIWHU µ impugned judgment ¶@ DQG RUGHU senten FHGDWHG>KHUHDIWHU impugned order on sentence ¶@ passed by the learned Additional Sessions Judge -01 (POCSO), South :HVW'ZDUND&RXUW1HZ'HOKL>KH Trial Court ¶@LQ6&1R 667/2021 arising out of FIR bearing no. 757/2021, which was reg istered at Police Station Bindapur, Delhi for the commission of ofence punishable under Section 324 of the Indian Penal Code, 1860 >KHUHDIWHUµ IPC ¶@DQG6HFWLRQRIWKH3UH 6H[XDO2IIHQFHV$FW>KHUHDIW POCSO Act ¶@ FACTU AL BACKDROP 2. 7KHSUHVHQWFDVHFRQFHUQVWKHF years. The account of her trauma, involving both sexual assault and physical abuse, came to light upon receipt of DD No. 80A on 13.08.2021. The said DD recorded that the victim had ben assaulted by her parents with a hot chimta , causing burn injuries. The PCR van had taken the child to DDU Hospital, where her medical examination was conducted. During her medical examination, the victim disclosed that her father had beaten her on mu ltiple ocasions, inflicted burn injuries by exposing her to flame, and subjected her to sexual assault by touching and inserting fingers in her private parts. Due to her critical condition and mental trauma, she was not in a position to give a detailed st atement at that stage, and she was provided counselling. In these circumstances, the FIR in question came to be registered against her parents.