CRL.A. No. 372/202 4 Page 1 of 13 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 25 .08 .2025 Pronounced on : 27.08.2025 + CRL.A. 372 /2024 JAGAT ...Appellant Through: M s. Tanya Aggarwal (DHCLSC), Advocate. Versus GOVT OF NCT OF DELHI AND ANR ...Respondent Through: M r. Pradep Gahalot, AP for State with SI M enakshi PS Neb Sarai, Delhi. M r. Archit Upadhayay, Advocate for victim. CORAM : HON'BLE M R. JUSTICE M ANOJ KUM AR OHRI JUDGM ENT 1. By way of the present appeal , the appellant sek s to assail the judgment of conviction dated 01. 12 .2023 and the order on sentence dated 06 .02.2024 , passed by the learned Additional Sessions Judge -01, Special Court ( POCSO ), South District, Saket Courts, Delhi , in SC No. 19 3/2017 arising out of FIR No. 11 7/ 201 7 registered under Section s 37 6/3 66A IPC and Section 6 POCSO at P.S. Neb Sarai . Vide the order on sentence, the appellant was sentenced to undergo RI for 10 years and to pay a fine of Rs.25,000/ - for the ofence under Section 376(2) IPC, and in default of payment of fine, to further undergo SI for 1 year. He was further sentenced to undergo RI for 4 years and to pay a fine of CRL.A. No. 372/202 4 Page 2 of 13 Rs.10,000/ - for the ofence under Section 366A IPC, and in default of payment of fine, to further undergo SI for 4 months. Both t he sentences were directed to run concurently and the benefit of Section 428 Cr.P.C. was extended to him. 2. The facts, in a nutshell, as noted by the Trial Court are extracted hereunder: ‡Succinctly, the facts of the case unfolded from the charge sheet filed u/s 173 of Criminal Procedure Code (for short CrPC) are that on receipt of DD No. 32A dated 14.03.2017, on the directions of SHO, IO W/SI Jitendra Negi alongwith W/Ct. Shanti and Ct. Harender reached at the spot at XXX, New Delhi where the victim ’R’ alongwith her parents were found seated in a PCR van. After leaving Ct. Harender at the spot, IO alongwith W/Ct. Shanti went to AIIMS Hospital in the PCR van and the victim was got admitted there but her statement could not be obtained at that time. Thereafter, the statement of father of victim was recorded wherein he has stated that on the day of incident, he and his wife went for their work and their three children i.e. two daughter and one son were left at the house. He has further stated that due to som e work, he returned to his house at about 1.00 PM and found that his victim daughter ’R’ aged about five years was missing from the house. He has further stated that he searched for the victim but did not find her and when he was returning back to his house, he found his victim daughter weeping outside the door of the house of his neighbour Jagat and her clothes were stained with blood. He has further stated that on inquiry from the victim, she had told that the accused took her to his house on the pretext of giving toffee to her, made her to lie on the bed, inserted his finger in her vagina and also gave tooth bite on her cheeks. He has further stated that when the accused came outside of his room, he asked the accused as to what he had done with his daughter, upon which accused had started quarreling with him and ran away from the spot after slapping him. He has further stated that someone from the public had called the police at 100 number. Thereafter, IO had collected the MLC of victim. On these allegations, the present FIR No. 117/2017 was registered against the DFFXVHG·