An appeal was filed before the Delhi High Court under Section 415(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) against a judgment dated 20-05-2026 and a sentence order dated 11-07-2026 by the Additional Sessions Judge-01 (POCSO), North-West, Rohini, which was heard by a Division Bench of Justice Prathiba M. Singh and Justice Dinesh Bhatt.
By the impugned judgment, the appellant had been convicted of commission of aggravated penetrative sexual assault of a girl child below 12 years of age, 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) of IPC. He was also convicted for the offence of criminal intimidation, punishable under Section 506 of the IPC.
Upon perusing the sentence order, the Court found that the trial court had awarded compensation after considering the unfortunate humiliation, which the child and her family were subjected to, while also directing proper rehabilitation to be provided.
The Court issued notice to the Secretary, District Legal Services Authority (DLSA), to file a status report regarding the compensation awarded to the victim’s family. Further, the Court also took note of the post-script to the survivor which, among other things, mentioned that
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“This Court cannot give you back your childhood. But Court can promise you that your words have been heard. Your plea has been granted. The man who hurt you will never see the sun as a free man again. Now, beta, live your life. Go to school Make friends. Laugh. Play. Dream. This Court will always remember your courage.”
It was noted that the incident occurred in 2023, when the survivor was 7 years old, meaning that she would be 10 years old now and the Court said that the trial court’s message for her was a message of encouragement. The Court directed the Secretary, DLSA, to print the complete message and handover the same to the survivor or her family members along with the compensation within two weeks.
The Court directed the latest nominal roll, along with any other relevant material relevant material regarding the appellant to be placed on record by the jail superintendent on the next date of hearing. Additionally, the appellant was directed to file an affidavit for his past criminal antecedents. Further, the Court also directed the registry to requisition the TCR and prepare the appeal paperbook. The Court directed the physical TCR to be requisitioned to the Court on the next date of hearing.
Another application by the appellant seeking suspension of sentence and release on bail was also rejected by the Court stating that it was not inclined to suspend the sentence considering the evidence in the matter.
The matter was directed to be listed on 20-01-2027 and on 04-11-2026 for consideration of DLSA’s status report.
