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2026 DAILYLAW 11680 (DEL)

SONU ROHAN v. STATE THROUGH SHO PACHIM VIHAR DELHI

CRL.REV.P./380/2026 · 2026-07-07

Madhu Jain

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 380/2026 & CRL.M.A. 19289/2026, CRL.M.A. 19290/2026 SONU ROHAN .....Petitioner Through: Mr. Vinay Modi, Adv. versus STATE THROUGH SHO PACHIM VIHAR DELHI .....Respondent Through: Mr. Manoj Pant, APP Mr. Chetan, Adv. CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 07.07.2026 1. This hearing has been done through hybrid mode. 2. The present criminal revision petition has been filed by the petitioner under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), seeking setting aside of the order dated 26.05.2026 passed by the learned ASJ-07 (POCSO), Children's Court, West District, Tis Hazari Courts, Delhi in FIR No. 89/2020 registered at Police Station Paschim Vihar, initially under Sections 323/328/506 of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC') and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act'), wherein subsequently a chargesheet came to be filed under Sections 376/323/328/506 IPC, Section 6 of the POCSO Act and Section 66E of the Information Technology Act, 2000, (hereinafter referred to as the 'IT Act') whereby the bail of the petitioner was cancelled, he was taken into judicial custody and his right to further cross-examine the 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 13/07/2026 at 16:11:46 prosecutrix was closed. 3. Learned counsel for the petitioner submits that it was the victim who was repeatedly calling the petitioner and demanding money from him and had demanded a sum of Rs.10 lakhs to depose in his favour. He submits that the petitioner had occasionally transferred certain amounts to her and now seeks permission only to cross-examine the prosecutrix on the aspect of her age. It is further submitted that the Investigating Officer (IO) has expired and the mother of the prosecutrix is not in a fit mental condition, and, therefore, the petitioner be permitted to recall the prosecutrix for her further cross- examination. 4. Issue notice. 5. Notice is accepted by the learned APP for the State, who submits that the examination-in-chief as well as the cross-examination of the prosecutrix stood concluded in the year 2022, and thereafter there was no occasion for the prosecutrix to contact the petitioner or demand any money from him on the pretext that she would depose in his favour. He further submits that though the petitioner alleges that the prosecutrix demanded a sum of Rs.10 lakhs, the Paytm transactions relied upon by him only show transfers of small amounts made on different occasions, including Rs.500/-, Rs.1,000/-, Rs.1,200/- and Rs.100/-, amongst others. 6. He further submits that all these aspects have been duly considered by the learned Trial Court in the impugned order dated 26.05.2026 and the same neither suffers from any infirmity nor any illegality warranting interference by this Court. 7. Heard learned counsel for the parties. 8. The relevant portion of the impugned order dated 26.05.2026 reads as 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 13/07/2026 at 16:11:46 under: “10. It is also relevant to mention that last evidence of the victim was recorded on 08.07.2022 and as already discussed above, the application u/s 311 Cr.P.C. to recall the victim was allowed by this Court only on 25.04.2026, meaning thereby that victim was never aware that she will be recalled for cross examination by the Court and only the accused has the fake idea that in case his application is allowed, victim may be recalled for cross examination, therefore, victim has no occasion to blackmail and extort money from the accused after her evidence was over on 08.07.2022. 11. Moreover, on perusal of the Whatsapp Chats, this Court has not come across any message in which victim had blackmailed the accused to pay her the money in lieu of her favourable deposition and rather, from the chats, it is quite clear that it is the accused, who started chatting with the victim and after going through the chats, it is quite clear that there is no blackmail or extortion message has been sent by the victim to the accused. 12. From the chats, it is reflected that sometimes, it is the victim, who demanded small amount and sometimes, it was voluntarily transferred by the accused, but those demands can not be termed as extortion demands and rather, it gives an impression that the accused in a planned manner transferred small amounts to the victim to wait till the penultimate day to blackmail the victim that in case she does not depose in his favour, he will show the Court that it was she who was demanding the money. 13. The above view gets fortified from the fact that the accused has come prepared and brought the Whatsapp chats and paytm transactions 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 13/07/2026 at 16:11:46 alongwith him not to show the same to the Court but to put the same to the victim in her cross examination and this is clear from the fact that it is only after the victim disclosed the conduct of the accused to the Court, the Ld. Counsel for the accused has shown the said Paytm transactions and Whatsapp chats to the Court. 14. It is also relevant to observe that as per the Paytm Transaction and Whatsapp Chat relied upon by the accused, the same pertain to the period from February 2026 to March 2026, therefore, the fact that the victim was demanding money from him, as alleged by the Ld. Counsel for accused, was well within the knowledge of the accused and despite that the accused never brought this fact into the knowledge of his Counsel or in the notice of this Court during pendency of his application. 15. Therefore, it clearly shows that since the accused was very well aware that today in the Court victim will spill the beans and will brought the conduct of the accused into the notice of this Court, he has botched up the story to malign the image of the victim. 16. The above conduct of the accused clearly shows that despite the bail condition that he will not contact the victim during the pendency of the present trial, he violated the same. It does not lie in his mouth to claim only after the beans have been spilled by the victim that it was the victim who was blackmailing him. Had it been so, he could have brought this fact into the notice of this Court or atleast into the notice of his Counsel immediately. 17. Therefore, considering the fact that accused Sonu @ Rohan had tried to win over/influence/threat the victim so that she can depose in his favour not only forces the Court to 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 13/07/2026 at 16:11:46 close his right for further cross examination of the victim, but his bail also stands cancelled for violation of the bail condition as imposed vide Bail Order dated 02.08.2022 that he shall not directly or indirectly contact the victim and try to influence or threat the victim. Accused Sonu @ Rohan is immediately taken into custody.” 9. A perusal of the record shows that the testimony of the prosecutrix had already been concluded before the learned Trial Court in the year 2022. It was only pursuant to an application under Section 311 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.') filed by the petitioner, which came to be allowed, that the prosecutrix was summoned once again before the learned Trial Court. 10. When the prosecutrix appeared before the learned Trial Court, she was found to be nervous and perplexed. Upon being questioned by the Court, she produced screenshots of the Whatsapp chats and Paytm transactions and stated that the petitioner had transferred to her amounts of Rs.500/-, Rs.1,000/-, Rs.1,200/- and Rs.100/- on different occasions, amongst others and had threatened her that he would portray before the Court that she had demanded Rs.10 lakhs from him for deposing in his favour. 11. It was only in these circumstances that the learned Trial Court cancelled the bail granted to the petitioner and also closed his right to further cross- examine the prosecutrix by passing a detailed and reasoned order. 12. The learned Trial Court has rightly observed that once the examination of the prosecutrix was over in the year 2022, there was no reason for her to demand money from the petitioner-accused and depose in his favour. She, being a layperson, was not aware of the nitty-gritties of the law. It was only the petitioner, who was constantly receiving legal advice, who thought of a 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 13/07/2026 at 16:11:46 better plan to first move an application before the learned Trial Court for recalling the prosecutrix and thereafter send money to her through Paytm so as to create a defence for himself. 13. All the submissions advanced before this Court have already been duly considered and dealt with by the learned Trial Court in the impugned order dated 26.05.2026. This Court finds no infirmity, illegality or perversity in the impugned order warranting interference in exercise of revisional jurisdiction. 14. Accordingly, the present revision petition is dismissed. 15. Pending application(s), if any, also stand disposed of. 16. The order be uploaded on the website forthwith. MADHU JAIN, J. JULY 7, 2026/ys/Av 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 13/07/2026 at 16:11:46