Shah Nawaz vs State Of Nct Of Delhi on 29 July, 2026

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    Delhi High Court

    Shah Nawaz vs State Of Nct Of Delhi on 29 July, 2026

                              *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                              %                              Judgment Reserved on: 23.07.2026
                                                             Judgment pronounced on: 29.07.2026
    
                              +      CRL.A. 1190/2025 & CRL.M.A. 25100/2025
                                     SHAH NAWAZ
                                                                                         .....Appellant
                                                        Through:   Ms. Swati Verma and Ms. Aradhana
                                                                   Chaudhary, Advocates.
    
    
                                                        Versus
    
                                     STATE OF NCT OF DELHI
                                                                                         .....Respondent
                                                        Through:   Mr. Utkarsh, APP for the State with
                                                                   SI Nisha Sharma, P.S. Kalindi Kunj.
    
                              CORAM:
                              HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA
                                                        JUDGMENT
    

    CHANDRASEKHARAN SUDHA, J.

    1. In this appeal filed under Section 415(2) of the Code of

    SPONSORED

    Criminal Procedure, 1973 (the Cr.P.C.) read with 528 of the

    Bharatiya Nagarik Suraksha Sanhita, 2023 (the B.N.S.S.), the sole

    accused in Sessions Case No. 255/2021 on the file of the

    Additional Sessions Special Judge (FTSC), (POCSO ACT), South

    Signature Not Verified
    CRL.A. 1190/2025 Page 1 of 20
    Signed By:RAMAN
    SHARMA
    Signing Date:29.07.2026
    16:30:21
    East, Saket Court, New Delhi, assails the judgement dated

    22.05.2025 and order on sentence dated 04.07.2025, as per which

    he has been convicted and sentenced for the offence punishable

    under Section 10 of the Protection of Children from Sexual

    Offences Act, 2012 (the PoCSO Act) and Section 354B of the

    Indian Penal Code, 1872 (the IPC).

    2. The prosecution case is that 4-5 days prior to

    30.04.2021, at around 11:00 P.M., in House No. 218, near

    Bismillah Colony, Khadda Colony, Jaitpur, Delhi, the accused, the

    father of PW3, a minor girl aged 10 years, attempted to commit

    aggravated penetrative sexual assault on her and criminally

    intimidated her. Hence, as per the chargesheet/final report, the

    accused is alleged to have committed the offences punishable

    under Sections 354 IPC, 506 IPC, and 10 of the PoCSO Act.

    3. On the basis of Ext. PW2/A FIS/FIR of PW3 given on

    30.04.2021, Crime no. 249/2021, Kalindi Kunj Police Station, i.e.,

    Signature Not Verified
    CRL.A. 1190/2025 Page 2 of 20
    Signed By:RAMAN
    SHARMA
    Signing Date:29.07.2026
    16:30:21
    Ext. PW4/B FIR was registered by PW4 Head Constable. PW8,

    Sub Inspector conducted investigation into the crime and on

    completion of the same, filed the chargesheet/final report alleging

    commission of the offences punishable under the aforementioned

    Sections.

    4. When the accused was produced before the trial court,

    all the copies of the prosecution records were furnished to him as

    contemplated under Section 207 Cr.P.C. After hearing both sides,

    the trial court, vide order dated 28.10.2021, framed a Charge under

    Section 6 PoCSO Act read with 18 PoCSO Act and 354B IPC

    against the accused, wherein the period of the alleged incident was

    stated to be 4-6 days prior to 03.04.2011. Thereafter, the trial court

    amended the Charge vide order dated 04.11.2024 to modify the

    period of the incident to be 4-5 days prior to 30.04.2021. The

    Charge was read over and explained to the accused, to which he

    pleaded not guilty.

    Signature Not Verified
    CRL.A. 1190/2025 Page 3 of 20
    Signed By:RAMAN
    SHARMA
    Signing Date:29.07.2026
    16:30:21

    5. On behalf of the prosecution, PWs 1 to 10 were

    examined and Ext. PW 1/A-G, Ext. PW 2/A-B, Ext. PW3/B, Ext.

    PW4/B-C, Ext. PW5/A-B, PW7/A and Ext. PW8/B-C were

    marked in support of the case.

    6. After the close of the prosecution evidence, the accused

    was questioned under Section 313(1)(b) Cr.P.C. regarding the

    incriminating circumstances appearing against him in the evidence

    of the prosecution. The accused denied all those circumstances and

    maintained his innocence. He submitted that there was an ongoing

    property dispute and hence the false implication.

    7. After questioning the accused under Section 313(1)(b)

    Cr.P.C., compliance of Section 232 Cr.P.C. was mandatory. In the

    case on hand, no hearing as contemplated under Section 232

    Cr.P.C. is seen done by the trial court. However, non-compliance

    of the said provision does not, ipso facto vitiate the proceedings,

    unless omission to comply with the same is shown to have resulted

    Signature Not Verified
    CRL.A. 1190/2025 Page 4 of 20
    Signed By:RAMAN
    SHARMA
    Signing Date:29.07.2026
    16:30:21
    in serious and substantial prejudice to the accused (See Moidu K.

    vs. State of Kerala, 2009 (3) KHC 89 : 2009 SCC OnLine Ker

    2888). Here, the accused has no case that non-compliance of

    Section 232 Cr.P.C. has caused any prejudice to him.

    8. No oral or documentary evidence was adduced by the

    accused.

    9. Upon consideration of the oral and documentary

    evidence on record, and after hearing both sides, the trial court,

    vide the impugned judgement dated 22.05.2025 held the accused

    guilty of the offence punishable under Sections 10 of the PoCSO

    Act and 354B IPC. Vide order on sentence dated 04.07.2025, the

    trial court sentenced him to undergo rigorous imprisonment for a

    period of 7 years and to fine of ₹25,000/-, and in default of

    payment of fine, to simple imprisonment for a period of 2 months

    for the offence punishable under Section 10 of the PoCSO Act. No

    separate sentence has been awarded for the offence punishable

    Signature Not Verified
    CRL.A. 1190/2025 Page 5 of 20
    Signed By:RAMAN
    SHARMA
    Signing Date:29.07.2026
    16:30:21
    under 354B IPC.

    10. The learned counsel for the appellant/accused

    submitted that the impugned judgment is contrary to the facts,

    circumstances of the case and, is bad in law as the trial court has

    failed to correctly appreciate the materials on record and, is

    therefore, liable to be set aside. There is also significant delay in

    the registration of the FIR. It was further submitted that there are

    inconsistencies in the FIS/FIR; the 164 Statement and the

    testimony of PW3. It was further submitted the date and time of

    the incident are not mentioned in the 164 Statement. The MLC

    does not corroborate the testimony of PW2 and PW3. PW2 refused

    internal examination of PW3 and thus, an adverse inference has to

    be drawn by the Court. The siblings of PW3 were not examined by

    the prosecution. The learned counsel also pointed out that no site

    plan of the scene of occurrence has been prepared.

    11. Per Contra, it was submitted by the learned Additional

    Signature Not Verified
    CRL.A. 1190/2025 Page 6 of 20
    Signed By:RAMAN
    SHARMA
    Signing Date:29.07.2026
    16:30:21
    Public Prosecutor that there is no infirmity in the judgment of the

    trial court calling for an interference by this Court. Further,

    reliance was placed on the decision of the Apex Court, in State of

    Punjab v. Gurmit Singh, 1996 AIR SC 1393 to contend that the

    testimony of PW3 alone is sufficient for conviction, and that the

    courts should neither demand corroborative evidence as a rule nor

    reject the case over minor discrepancies. Further, it was submitted

    that there is no evidence adduced to probabilise the defence

    version that there existed a property dispute between the accused

    and PW2.

    12. Heard both sides and perused the materials on record.

    13. The only point that arises for consideration in this

    appeal is whether there is any infirmity in the impugned judgement

    warranting an interference by this Court.

    14. I will first briefly refer to the oral and documentary

    evidence relied on by the prosecution in support of the case. Ext.

    Signature Not Verified
    CRL.A. 1190/2025 Page 7 of 20
    Signed By:RAMAN
    SHARMA
    Signing Date:29.07.2026
    16:30:21
    PW2/A, the FIS/FIR of PW3, the minor victim, recorded on

    30.04.2021 reads thus: “4-5 days ago, around 11:00 PM, while we

    were all sleeping, I woke up and saw that my father, Shah Nawaz,

    (the accused) was lying on top of me. He had removed his clothes

    and had also taken off my pants. Frightened, I screamed, which

    woke my mother (PW2) up, and she pushed my father of me. After

    this incident, we were scared and nervous, and since a lockdown

    was in place, we could not go to the police station…”

    14.1. PW3, in the 164 statement marked as Ext. PW3/A

    recorded on 01.05.2021, states thus: “When we were sleeping at

    night, Papa (the accused) took off his pants and lay down on top of

    me. I woke up and screamed. Then Mammi (PW2) also woke up.

    Mammi pushed Papa away and took me to another room and

    bolted it from the inside, but Papa broke the bolt. Then Papa

    started to pull me towards him. Then Mammi took me to another

    room and locked it from inside. When I told Mammi about the

    Signature Not Verified
    CRL.A. 1190/2025 Page 8 of 20
    Signed By:RAMAN
    SHARMA
    Signing Date:29.07.2026
    16:30:21
    incident, Papa threatened me, and he had even made a sword to

    kill us…”

    15. PW3, the minor girl, when examined before the trial

    court, deposed that approximately two days before reporting the

    incident, at around 11:00 P.M., she was sleeping with her mother

    (PW2). When she woke up, she saw her father (the accused) was

    trying to lie on top of her. He was naked. Her dress of the lower

    part had been pulled off. When her father (accused) was

    attempting to mount her, his elbow touched her thighs. She woke

    up instantly. Her hands touched her mother’s (PW2) face due to

    which PW2 woke up. She deposed that when PW2 saw the scene,

    the former pulled away her father. Thereafter, her mother (PW2)

    took all of them to another room and latched the door. However,

    her father started banging on the door and tried to break in. The

    latch of the door broke, but, somehow her mother (PW2) kept

    them all safe in the other room for the entire night. Her father then

    Signature Not Verified
    CRL.A. 1190/2025 Page 9 of 20
    Signed By:RAMAN
    SHARMA
    Signing Date:29.07.2026
    16:30:21
    started beating her mother (PW2). When her mother reported the

    matter, her father left the house. The police then took her to the

    hospital for medical examination. PW3 admitted that she had

    earlier stated that the incident took place 4-5 days before the date

    of reporting, i.e. 30.04.2021. Actually, it took place two days

    before the date of reporting. It was due to lapse of time, she was

    unable to recall the exact duration.

    15.1. PW3, during her cross examination, stood by her

    version. PW3 admitted that on the date of the incident, her brother

    had also been sleeping along with them. All of them used to retire

    for the night after her father (accused) returned home from work in

    the night. PW3 denied any quarrel between her parents prior to the

    incident. But after the incident, a quarrel took place between her

    parents as her mother was trying to save her.

    16. PW2, the mother of PW3, when examined, supported

    the version of her daughter. On the date of the incident, she along

    Signature Not Verified
    CRL.A. 1190/2025 Page 10 of 20
    Signed By:RAMAN
    SHARMA
    Signing Date:29.07.2026
    16:30:21
    with her children were sleeping on the floor of her room. At

    around 11:30 P.M., she woke when her daughter (PW3) raised an

    alarm. She saw that her husband (the accused) was lying on top of

    her daughter (PW3), who was sleeping next to her. The accused

    was fully naked. The lower pant worn by her daughter (PW3) had

    also been pulled down. She scolded the accused and took her

    daughter (PW3) to another room and bolted the latches of the door

    from inside. The accused started knocking on the door and broke

    the latches. He then started quarrelling with her. She did not

    immediately go to the police station to report the incident as it was

    night time. On the next day, there was lockdown. She had made a

    call to the police after which a police official visited her residence

    and enquired about the incident.

    16.1. PW2, more or less stood by her case in the cross-

    examination.

    17. It is true that the FIS/FIR in the present case was not

    Signature Not Verified
    CRL.A. 1190/2025 Page 11 of 20
    Signed By:RAMAN
    SHARMA
    Signing Date:29.07.2026
    16:30:21
    lodged on the date of the incident itself. But it was lodged only on

    30.04.2021. However, the testimony of PW2 makes it clear as to

    why the delay happened. The incident happened during the night.

    The next day was a lockdown. This aspect of her testimony has not

    been discredited. All delays are not fatal to the prosecution case. In

    the case on hand, in the circumstances spoken to by PW2, the

    delay seems quite natural and unavoidable.

    18. Further, the reliance on the absence of bruises or

    abrasions on PW3 is without merit, inasmuch as the Charge is not

    one of penetrative sexual assault, but only an attempt to commit

    aggravated penetrative sexual assault. It is not the case of the

    prosecution that there was penetration by the accused or that there

    were injuries. Thus, PW2’s refusal for the internal examination of

    PW3 and thereafter the report in the MLC showing that there were

    no external injuries, is immaterial. Further, the lack of an internal

    site plan of the rooms where the incident took place is also not

    Signature Not Verified
    CRL.A. 1190/2025 Page 12 of 20
    Signed By:RAMAN
    SHARMA
    Signing Date:29.07.2026
    16:30:21
    fatal to the prosecution case.

    19. On going through the testimony of PW3, I do not find

    any reasons to disbelieve her. The testimony of PW3 appears clear,

    cogent, natural and consistent enough to establish the offence. She

    has narrated the incident in a very natural manner, describing the

    sequence of events leading up to the grave incident, the act itself,

    including her immediate reaction thereafter. Nothing has been

    elicited to discredit PW3, during her cross examination. The

    testimony of PW2 further corroborates the version narrated by

    PW3, particularly, regarding the disclosure made by PW3 about

    the incident; the confrontation with the accused and the subsequent

    conduct of the accused of banging on the door.

    20. The learned counsel for the appellant contended that the

    siblings of PW3 also ought to have been examined as it has come

    on record that they were also present at the time of the alleged

    incident. Non-examination of the siblings does not in any way cast

    Signature Not Verified
    CRL.A. 1190/2025 Page 13 of 20
    Signed By:RAMAN
    SHARMA
    Signing Date:29.07.2026
    16:30:21
    a doubt in the mind of the Court in the light of the clear testimony

    of PW3 and her mother. As held by the Apex Court in Ganesan v.

    State, (2020) 10 SCC 573, the sole testimony of victim regarding

    the sexual assault, if found credible and reliable, requires no

    corroboration and is sufficient in law to sustain a conviction.

    Corroboration may be sought as a matter of prudence where the

    evidence appears tutored or suffers from material contradictions.

    The Court must, however, carefully rule out the possibility of

    tutoring and, upon finding the testimony to be natural and reliable,

    act upon it (See State of Madhya Pradesh v. Balveer Singh,

    2025 SCC OnLine SC 390). The competency of a child witness

    depends on the satisfaction of the trial court as to the child’s

    understanding and ability to depose; non-administration of oath is

    not fatal; and though courts must remain alive to the possibility of

    tutoring, there is no bar in law to base conviction solely on the

    testimony of a child witness who withstands cross-examination

    Signature Not Verified
    CRL.A. 1190/2025 Page 14 of 20
    Signed By:RAMAN
    SHARMA
    Signing Date:29.07.2026
    16:30:21
    (See State of Rajasthan v. Chatra, 2025 SCC OnLine SC 566).

    21. The discrepancies pointed out are minor in nature and

    do not go to the root of the matter. Variations in the narration of

    events, especially by a child witness and her mother recounting a

    traumatic incident, are bound to occur and, in fact, lend

    authenticity rather than detract from it.

    22. Now coming to the question of whether PW2 tutored

    PW3 to falsely implicate the accused due to an impending property

    dispute between the spouses. However, on a combined reading of

    the materials on record, it is seen that apart from a mere

    suggestions put to PW2, there is no documentary material(s)

    adduced to prove such defence. It is true that in a criminal case, the

    accused has the right to remain silent. However, if he takes up a

    specific defence then the onus would be on him to establish the

    same, though the degree of proof required is only on the basis of

    preponderance of probabilities (See Harbhajan Singh v. State of

    Signature Not Verified
    CRL.A. 1190/2025 Page 15 of 20
    Signed By:RAMAN
    SHARMA
    Signing Date:29.07.2026
    16:30:21
    Punjab
    , AIR 1966 SC 97; V.D. Jhingan v. State of U.P., AIR

    1966 SC 1762; and Munshi Ram v. Delhi Administration, AIR

    1968 SC 702). No materials have been brought on record by the

    appellant to establish that there were ongoing proceedings between

    PW2 and the accused before the alleged incident, or even after the

    alleged incident. It is improbable that a minor child would falsely

    implicate her own father in an offence of such a grave nature, in

    the absence of any compelling reasons. Therefore, there are no

    cogent materials to substantiate the contention that PW3 was

    tutored by PW2 due to the disputes pending between the spouses.

    23. As held in Gurmit Singh (Supra), it cannot be

    overlooked that a woman or a girl subjected to sexual assault is not

    an accomplice to the crime but is a victim of another person’s lust

    and it is improper and undesirable to test her evidence with a

    certain amount of suspicion, treating her as if she were an

    accomplice. The inherent bashfulness of the females and the

    Signature Not Verified
    CRL.A. 1190/2025 Page 16 of 20
    Signed By:RAMAN
    SHARMA
    Signing Date:29.07.2026
    16:30:21
    tendency to conceal outrage of sexual aggression are factors which

    the courts should not overlook. The testimony of the victim in such

    cases is vital and unless there are compelling reasons which

    necessitate looking for corroboration of her statement, the courts

    should find no difficulty to act on the testimony of a victim of

    sexual assault alone to convict an accused where her testimony

    inspires confidence and is found to be reliable. Seeking

    corroboration of her statement before relying upon the same, as

    a rule, in such cases amounts to adding insult to injury.

    24. In the case on hand, with the available materials on

    record, I find that the prosecution has succeeded in establishing the

    prosecution case beyond reasonable doubt, whereas the defence

    setup has turned out to be highly improbable.

    25. Now coming to the question as to the offence

    committed by the accused. The trial court by the impugned

    judgment has found the accused guilty of the offence punishable

    Signature Not Verified
    CRL.A. 1190/2025 Page 17 of 20
    Signed By:RAMAN
    SHARMA
    Signing Date:29.07.2026
    16:30:21
    under Section 10 of the PoCSO Act and 354B IPC. Sexual assault

    has been defined under Section 7 of the PoCSO Act to mean that

    whoever, with sexual intent, touches the vagina, penis, anus or

    breast of a child, or makes the child touch such parts of that person

    or any other person, or does any other act with sexual intent

    involving physical contact without penetration, is said to commit

    sexual assault. Section 9(m) classifies an offence as aggravated

    sexual assault when sexual assault is committed upon a child

    below the age of twelve years. Section 9(n) classifies an offence of

    sexual assault being a relative of the child through blood or

    adoption or marriage or guardianship or in foster care, or having

    domestic relationship with a parent of the child, or who is living in

    the same or shared household with the child. Further, an offence

    under 354B IPC is made out when:- (i) a man assaults or uses

    criminal force to any woman or abets such act and; (ii) intends to

    disrobe or compel her to be naked. That being so, the act of the

    Signature Not Verified
    CRL.A. 1190/2025 Page 18 of 20
    Signed By:RAMAN
    SHARMA
    Signing Date:29.07.2026
    16:30:21
    accused, being the father of PW3, undressing her and lying naked

    over her would necessarily come within the expression “does any

    other act with sexual intent involving physical contact without

    penetration” as contemplated in the latter part of Section 7 of the

    PoCSO Act. The offence of sexual assault when perpetrated upon

    a child below 12 years of age as in the present case, where PW3,

    the victim was a girl of approximately 10 years, assumes the nature

    of aggravated sexual assault within the meaning of Section 9(m) of

    the PoCSO Act. The accused being the biological father of PW3,

    makes the case squarely fall in the ambit of 9(n) of the PoCSO

    Act.

    26. On a cumulative appreciation of the oral and

    documentary evidence, this Court finds no reason to disbelieve the

    testimony of PW3. The findings recorded by the trial court are

    based on proper appreciation of evidence and do not suffer from

    any perversity or illegality, warranting interference by this Court.

    Signature Not Verified
    CRL.A. 1190/2025 Page 19 of 20
    Signed By:RAMAN
    SHARMA
    Signing Date:29.07.2026
    16:30:21

    27. In the result, the appeal sans merit, is dismissed.

    28. Application(s), if any, pending, shall stand closed.

    CHANDRASEKHARAN SUDHA
    (JUDGE)

    JULY 29, 2026
    rs

    Signature Not Verified
    CRL.A. 1190/2025 Page 20 of 20
    Signed By:RAMAN
    SHARMA
    Signing Date:29.07.2026
    16:30:21



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