Kamal vs State Of Nct Of Delhi on 25 May, 2026

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    Delhi High Court – Orders

    Kamal vs State Of Nct Of Delhi on 25 May, 2026

    Author: Prathiba M. Singh

    Bench: Prathiba M. Singh

                              $~43
                              *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +                                       CRL.A. 535/2026
                                        KAMAL                                                            .....Appellant
                                                                      Through:            Mr. Firoz Alam, Proxy Counsel.
                                                                                          (M:7895940545)
                                                                      versus
    
                                        STATE OF NCT OF DELHI                                              .....Respondent
                                                      Through:                            Mr. Ritesh Kumar Bahri, APP.
                                                                                          Ms. Sweety Kumari, Proxy Counsel.
                                                                                          (M:8789883584)
                                        CORAM:
                                        JUSTICE PRATHIBA M. SINGH
                                        JUSTICE MADHU JAIN
                                                 ORDER
    

    % 25.05.2026

    1. This hearing has been done through hybrid mode.

    SPONSORED

    2. Lawyers of the Delhi High Court Bar Association (DHCBA) are
    abstaining from work today.

    CRL.M.A.16821/2026 (for exemption)

    3. Allowed, subject to all just exceptions. The application is disposed of.
    CRL.M.A.16820/2026 (for condonation of delay)

    4. This is an application seeking condonation of delay of 2281 days in
    filing the appeal. Considering that the Appellant is still in Judicial Custody,
    delay in filing the appeal is condoned. Application is disposed of.
    CRL.A.-535/2026

    5. The present appeal has been filed by the Appellant – Kamal under
    Section 415 of the BNSS, 2023 challenging the impugned judgment dated
    16th December, 2019 as also the order on sentence dated 17th December,

    CRL.A. 535/2026 Page 1 of 4

    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 26/05/2026 at 21:06:52
    2019 passed by the Special Judge, Children’s Court East District,
    Karkardooma Courts Delhi in Sessions Case No. 740/2016 arising out of
    F.I.R. No. 338/2011 registered at P.S. Mandawali for offences punishable
    under Sections 364A read with Section 120B and 365 of the Indian Penal
    Code, 1860 (hereinafter, ‘IPC‘).

    6. Vide the impugned judgement dated 16th December, 2019, the Trial
    Court has convicted the Appellant, along with other accused Kamal Kant for
    offences punishable under Sections 364A and 365 read with Section 120B of
    IPC.

    7. Vide the impugned order on sentence, the Trial Court has awarded the
    sentence in the following terms:

    “[…]

    7. In totality of facts and circumstances of the case,
    age of the victim and nature of offence, I am of the
    opinion that the ends of justice would be met in
    sentencing both the convicts namely Kamal and
    Kamal Kant to undergo rigorous imprisonment
    (Rl) for life and fine of Rs. 10,000/- each for
    offence punishable u/s 364A IPC r/w Section
    120B
    IPC. In default of payment of fine, both the
    convicts shall further undergo simple
    imprisonment(Sl) for a period of 02 months. Fine
    if recovered shall be paid to the victim.

    Both the convicts namely Kamal and Kamal
    Kant are also sentenced to undergo rigorous
    imprisonment (Rl) for a period of seven years and
    fine of Rs. 5,000/- each for offence punishable u/s

    CRL.A. 535/2026 Page 2 of 4

    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 26/05/2026 at 21:06:52
    365 IPG r/w Section 120B IPG. In default of
    payment of fine, both the convicts shall further
    undergo simple imprisonment(SI) for a period of
    01 months. Fine if recovered shall be paid to the
    victim. All the sentences shall run concurrently.
    The benefit of Section 428 Cr.P.C be given to both
    the convicts…”

    8. Admit.

    9. Issue Notice. Mr. Ritesh Kumar Bahri, ld. APP accepts notice on behalf
    of the State.

    10. The Registry is directed to requisition the Trial Court Record
    (hereinafter ‘TCR’) and prepare the appeal paperbook with proper indexing,
    pagination and bookmarks expeditiously and provide digitized copies thereof
    to ld. Counsels appearing on behalf of the parties, upon request. Let the TCR
    be tagged along with this appeal by the next date of hearing.

    11. Let the physical TCR be requisitioned to the Court on the next date of
    hearing by the Registry.

    CRL.M.(BAIL) 16819/2026 (for suspension of sentence)

    12. The present application has been filed by the Appellant under Section
    430
    of the BNSS seeking suspension of sentence and release of the Appellant
    on bail during the pendency of the instant appeal.

    13. Issue notice. Notice is accepted by Mr. Ritesh Kumar Bahri, ld. APP
    for the State.

    14. Let the State file a status report/reply to this application by the next date
    of hearing.

    15. Ld. Counsel for the Appellant submits that the Appellant is very poor
    and could not afford any lawyer, hence the delay in filing the present appeal.

    CRL.A. 535/2026 Page 3 of 4

    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 26/05/2026 at 21:06:52
    It is also submitted that the co-accused Kamal Kant had also filed an appeal
    challenging the impugned judgment and impugned order on sentence. In the
    said appeal, being CRL.A.235/2020, vide order dated 19th May, 2026, the
    sentence of Kamal Kant has already been suspended during the course of the
    pendency of appeal.

    16. Notice be served upon the legal heirs of the victim, if any, through the
    concerned Investigating Officer.

    17. Issue notice to the Secretary, Delhi State Legal Services Authority,
    New Delhi (hereinafter, ‘DSLSA’) to file a status report in respect of the
    compensation awarded to the victim.

    18. Let the latest Nominal Roll of the Appellant, along with any other
    relevant material in respect of the Appellant shall be placed on record by the
    concerned Jail Superintendent by the next date of hearing.

    19. In addition, let an affidavit be filed by the Appellant in terms of the
    direction passed in Practice Direction No. 178/Rules/DHC dated 18th March,
    2026 issued by this Court, pursuant to the decision of the Supreme Court in
    Zeba Khan Vs. State of U.P & Others, Criminal Appeal No. 825/2026.

    20. Copy of the order to be communicated to the concerned Jail
    Superintendent, for necessary information and compliance.

    21. List on 9th July, 2026 for hearing.

    PRATHIBA M. SINGH, J.

    MADHU JAIN, J.

    MAY 25, 2026/dk/sm

    CRL.A. 535/2026 Page 4 of 4

    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 26/05/2026 at 21:06:52



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