Delhi High Court – Orders
Brij Raj @ Briju vs State Nct Of Delhi on 29 April, 2026
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~49
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 433/2026
BRIJ RAJ @ BRIJU .....Appellant
Through: Mr Kanhaiya Singhal, Ms. Avantika
Shankar & Ms. Shatakshi Singh, Advs.
(M: 9212424765)
versus
STATE NCT OF DELHI .....Respondent
Through: Mr. Ritesh Kumar Bahri, APP with
Mr. Lalit Luthra and Ms. Divya
Yadav, Advs. for State with SI Rahul
Ranjan PS Harsh Vihar.
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE MADHU JAIN
ORDER
% 29.04.2026
1. This hearing has been done through hybrid mode.
2. The present appeal has been filed by the Appellant – Brij Raj @ Briju
under Section 415(2) read with Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (hereinafter, ‘BNSS’) challenging the impugned
judgement dated 25th March, 2026 and order on sentence dated 10th April,
2026, passed by ld. Additional Sessions Judge-01, Special Judge (POCSO)
Shahdara District, Karkardooma Courts, Delhi in Sessions Case
No.131/2019. The said case arises out of FIR No. 02/2019 registered at P.S
Harsh Vihar, Delhi under Sections 376-DA/323/452/506 of Indian Penal
Code, 1860 (hereinafter, ‘IPC‘) and Section 6 of Protection of Children from
Sexual Offences Act, 2012 (hereinafter ‘POCSO Act‘).
CRL.A. 433/2026 Page 1 of 6
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3. Vide the impugned judgement, the Appellant has been convicted along
with another co-convict under Sections 376-DA/323/452/506 of the IPC and
Section 6 of the POCSO Act. The prosecutrix was 13 years of age at the time
of the incident. Vide the impugned order on sentence, which is also under
challenge, the Appellant has been awarded the sentence of imprisonment for
life and fine in the following terms.:
“[..]
15. Therefore, considering the overall facts and
circumstances, for the offence punishable u/s 376-DA
IPC, convict Brij Raj @ Birju is sentenced to undergo
imprisonment for life, which mean imprisonment for
the remainder of his natural life and pay fine of
Rs.2,000/- and in default of payment of fine, further
simple imprisonment for a period of one month.
16. For the offence punishable u/s 323 IPC, the
convict Birj Raj @ Birju is sentenced to undergo
rigorous imprisonment for a period of 01 year and
pay fine of Rs.1,000/– and on the failure to pay the
fine, he shall be sentenced to further simple
imprisonment for a period of one month.
17. For the offence punishable u/s 452 IPC, the
convict Birj Raj @ Birju is sentenced. to undergo
rigorous imprisonment for a period of 03 years and
pay fine of Rs.1,000/- and on the failure to pay the
fine, he shall be sentenced to further simple
imprisonment for a period of one month.
18. For the offence punishable u/s 506 IPC, the
convict Brij Raj @ Birju is sentenced to undergo
rigorous imprisonment for a period of 02 years and
pay fine of Rs.1,000/- and on the failure to pay the
fine, he shall be sentenced to further simpleCRL.A. 433/2026 Page 2 of 6
This is a digitally signed order.
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imprisonment for a period of one month.
19. As per the report of the Jail Superintendent,
convict Brij Raj @ Birju has undergone total custody
period of 07 years 03 months and 07 days i.e., from
03.01.2019 to 09.04.2026. Therefore, the benefit of
section 428 Cr.P.C is given to the convict Brij Raj @
Birju and the period of detention already undergone
by him till date be set off against the sentence. All the
sentences to run concurrently.
20. Fine not paid by convict Brij Raj @ Birju.”
4. Admit.
5. Issue Notice. Mr. Ritesh Kumar Bahri, ld. APP accepts notice on behalf
of the State.
6. The Registry is directed to requisition the 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.
7. Let the physical TCR be requisitioned to the Court on the next date of
hearing by the Registry.
CRL.M.(BAIL) 894/2026 (for suspension of sentence)
8. The present application has been filed by the Appellant under Section
430 read with Section 528 of the BNSS seeking suspension of sentence and
release the Appellant on bail during the pendency of the present appeal.
9. Issue notice. Notice is accepted by Mr. Ritesh Kumar Bahri, ld. APP
for the State.
10. Let the State file a status report/reply by the next date of hearing.
CRL.A. 433/2026 Page 3 of 6
This is a digitally signed order.
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11. Vide the impugned order on sentence, certain compensation has also
been awarded to the mother of the victim in the following terms:
“[…]
30. Therefore, in the present case, the minimum limit
of compensation is Rs.12 Lakhs with maximum limit
of Rs.21 Lakhs. As per the judgment of the Hon’ble
High Court of Delhi cited above the maximum
compensation is to be awarded in the present. case.
31. At the time of offence, the Victim was 14 years
of age. As per the report of the SHO, the victim has
passed away on 01.01.2025 due to illness.
32. Considering the totality of facts and
circumstances and in light of the settled law, final
compensation of Rs.21,00,000/- (Rupees Twenty
One Lacs Only) is awarded to the mother of the
Victim U/s 33 (8) of POCSO Act read with Rule 9 of
POCSO Rules, 2020 & Section 357A CrPC for the
loss, trauma and mental injury as a consequence of
the present offence. It is also directed that the
interim compensation of Rs.5,25,000/– already
disbursed to the victim vide order dated 12.02.2025
shall be adjusted from the aforesaid final
compensation amount along with other
adjustments, if any, as per law.
33. Considering the facts and circumstances of the
case and very poor financial condition of the
convicts, it is directed that the entire compensation
amount of Rs.21,00,000/– (Rupees Twenty One Lacs
only) shall be paid by DLSA (Shahdara),
Karkardooma, Delhi to the victim.
34. Ld. Amicus Curiae for the Victim is directed to
ensure that all necessary assistance is provided to theCRL.A. 433/2026 Page 4 of 6
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 30/04/2026 at 21:33:43
mother of the victim and shall make sure she appears
before the Ld. Secretary, DLSA, Shahdara District,
Karkardooma Courts, Delhi at the earliest alongwith
the details of bank account. Ld. Counsel for the victim
submits that the mother has a regular savings bank
account in her name. Ld. Secretary, DLSA, Shahdara
is directed to disburse the said amount to the mother
of the victim in accordance with Delhi Victim
Compensation Scheme, 2018.
35. Copy of this order be sent to concerned Jail
Superintendent, Delhi today itself and its another
copy be given to the convict free of cost. Copy of this
order be also sent to DLSA (Shahdara),
Karkardooma, Delhi for compliance.”
12. Accordingly, issue notice to Secretary, Delhi State Legal Service
Authority (hereinafter, ‘DSLSA’).
13. Let the DSLSA file a status report as to the consideration of the
appropriate compensation to be granted to the mother of the victim and details
qua the disbursement of compensation, if any, by the next date of hearing.
14. The latest Nominal Roll 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.
15. Let the Appellant file the affidavit of past criminal antecedents 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.
16. Copy of this order to be communicated to the concerned Jail
Superintendent for necessary information and compliance.
CRL.A. 433/2026 Page 5 of 6
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 30/04/2026 at 21:33:43
17. Copy of this order to be communicated to Secretary, DSLSA for
necessary information and compliance.
18. List on 1st September, 2026.
PRATHIBA M. SINGH, J.
MADHU JAIN, J.
APRIL 29, 2026
Dk/ck
CRL.A. 433/2026 Page 6 of 6
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 30/04/2026 at 21:33:43
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