Delhi High Court – Orders
J vs State Nct Of Delhi on 6 April, 2026
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 331/2026&CRL.M.A. 10316/2026, CRL.M.A. 10317/2026,
CRL.M.(BAIL) 702/2026
J .....Appellant
Through: Ms. Aakanksha Kaul, Mr. Aman
Sahani, Ms. Ashima Chopra, Advs.
(M: 9650376468)
versus
STATE NCT OF DELHI .....Respondent
Through: Mr. Ritesh Kumar Bahri, APP with
Ms. Divya Yadav and Mr. Lalit
Luthra, Advs. for State with SI Annu
PS Narela.
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE MADHU JAIN
ORDER
% 06.04.2026
1. This hearing has been done through hybrid mode.
CRL.M.A.10316/2026 (for exemption)
2. Allowed, subject to all just exceptions. Application is disposed of.
CRL.M.A.10317/2026 (for condonation of delay)
3. This is an application seeking condonation of delay of 21 days in filing
the appeal.
4. For the reasons stated in the application, delay of 21 days in filing the
appeal is condoned.
5. The application is allowed and is disposed of accordingly.
CRL.A.331/2026
6. The present appeal has been filed by the Appellant under Section
CRL.A. 331/2026 Page 1 of 5
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415(2) read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
2023 (hereinafter, ‘B.N.S.S.’) challenging the impugned judgement dated 24th
November, 2025 and order on sentence dated 9th January, 2026 passed by ld.
ASJ-01 (POCSO), North District, Rohini Courts, Delhi in Sessions Case
No.348/2021 arising out of FIR No.255/2021 registered at P.S Narela, Delhi.
7. Vide the impugned judgement, the Appellant has been held guilty of
offences of simple hurt and criminal intimidation provided under Sections
323/506(II) of the Indian Penal Code, 1860 (hereinafter, ‘IPC‘) as also for the
offense of rape and aggravated penetrative sexual assault punishable under
Sections 376(2)(n)/376(3)of IPC and Section 6 of the Protection of Children
from Sexual Offences Act, 2012 (hereinafter, ‘the POCSO Act‘).
8. The Appellant has also been convicted along with his sister i.e., the
paternal aunt (Bua) of the survivor, who has been convicted for offences
punishable under Section 21(1) of the POCSO Act.
9. Vide the impugned order on sentence, the Appellant has been sentenced
in the following terms:
“[…]
(i) Imprisonment for life (LI), which shall mean
imprisonment for the remainder of natural life of the
convict ‘J\ and fine of Rs.10,000/- for the offence
punishable under Section 6 of POCSO Act. In case of
default to pay fine, he shall undergo rigorous
imprisonment of 01 month.
It is also directed that convict be given benefit of
sentence already undergone by him in terms of Section
428 Cr.P.C.”
10. Admit.
11. Issue Notice. Mr. Ritesh Kumar Bahri, ld. APP accepts notice on behalf
CRL.A. 331/2026 Page 2 of 5
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of the State.
12. 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.
13. Let the physical TCR be requisitioned to the Court on the next date of
hearing by the Registry.
CRL.M.(BAIL) 702/2026
14. The present application has been filed by the Appellant under Section
430 of the B.N.S.S. seeking suspension of sentence and release on bail during
the pendency of the present appeal.
15. Issue notice. Notice is accepted by Mr. Ritesh Kumar Bahri, ld. APP
for the State.
16. Let the State file a status report/reply by the next date of hearing.
17. The court has also noticed that the Trial Court vide the impugned order
on sentence has also awarded certain compensation to the survivor in the
following terms:
“29. As above observed, victim is entitled to
compensation, hence in terms of the judgment of Hon’ble
High Court of Delhi in X Vs. State (Supra), total
compensation of Rs.10,50,000/- is allowed for the victim
U/s 33 (8) r/w Rule 9 of the POCSO Rules, 2020 and
Section 357-A of Cr.P.C. under Delhi Victim
Compensation Scheme, 2018 for the rehabilitation of the
victim.
30. The interim compensation of Rs.30,000/- has
already been granted to victim.
CRL.A. 331/2026 Page 3 of 5
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31. As per submissions made by convicts, they are not in
a capacity to pay the abovesaid compensation.
Accordingly, Ld. Secretary, DLSA, North is directed to
pay the remaining compensation amount of
Rs.10,20,000/- (Rs. Ten Lakhs Twenty Thousand only to
the victim.”
18. Let the survivor be not named, however, be impleaded as Respondent
No.2 in the matter.
19. Let the amended memo of parties be filed by the Appellant within one
week.
20. Let notice be issued to the survivor through the concerned
Investigating officer.
21. The survivor shall appear on the date of hearing, by engaging a
Counsel or may contact the Delhi High Court Legal Service Committee for
the same.
22. Issue notice to Secretary, Delhi Legal Service Authority (hereinafter,
‘DLSA’), North.
23. Let the DLSA file a status report as to the disbursement of the
compensation to the victim.
24. Let the latest Nominal Roll along with any other relevant material in
respect of the Appellant be placed on record by the concerned Jail
Superintendent by the next date of hearing.
25. Let the Appellant file an 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 within two weeks.
CRL.A. 331/2026 Page 4 of 5
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26. Copy of this order to be communicated to the concerned Jail
Superintendent for necessary information and compliance.
27. Copy of this order to be communicated to the Secretary, DLSA, North
for necessary information and compliance.
28. Copy of this order to be communicated to Delhi High Court Legal
Service Committee for necessary information and compliance.
29. List on 15th July, 2026.
PRATHIBA M. SINGH, J.
MADHU JAIN, J.
APRIL 6, 2026/dk/sm
CRL.A. 331/2026 Page 5 of 5
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 07/04/2026 at 21:02:18