Ashish v. State of NCT of Delhi

JUDGMENT

SANJEV NARULA, J. (Oral):

¶1The present apeal under Section 415(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 1 Section 374

(2) of the Code of Criminal Procedure,

1 —BNSS"

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1973 2 asails judgment of conviction dated 04 th December, 2024 and order on sentence dated 17 th January, 2025 pased by the Court of ASJ ( FTSC ), ( POCSO ) - 01, South - West District, Dwarka Courts in SC No. 23/2020 . These procedings emanate from FIR N o. 43/202 0 registered at P.S. Utam Nagar for the ofence s under Section 376 of the Indian Penal Code, 1860 and Section 6 of t he Protection of Children from Sexual Ofences Act, 2012 . 4

¶2A conviction under Section 376 IPC read with Section 6 of the POCSO Act entails the gravest stigma and the severest of sentences ; and therefore , this Court is tasked to examine whether the finding of guilt is borne out by reliable evidence and in acordance with setled legal principles. The jurisdiction under Section 415(2) BNS/Section 374(2) CrPC is not confined to erors of law alone , but extends to a reapraisal of the evidence, ensuring that both the conviction and the sentence withstand the scrutiny of fairnes, legality, and proportionality.

Factual Background

3 . The case of the P rosecution is as folows:

3 .1 . On 6 th May, 2020, information was received at P.S. Utam Nagar from DU Hospital stating that a young girl , ( "K' , the Prosecutrix), had ben brought by her mother for medical termination of pregnancy. The information was recorded vide D Entry No. 30B, and the same was entrusted to ASI Manoj (PW - 6), who, acompanied by W/Constable Premlata, proceded to the hospital. After some time, the Investigating

2 —Cr . P . C . " 3 —IPC"

4 —POCSO"

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Oficer, 5 W/SI Sushma (PW - 12) also arived at the hospital. Medical examination revealed that the P rosecutrix was 2 weks pregnant. In the presence of her sister "N' and fat PW - 1/A) aleging that her elder brother, Ashish, the Apelant, had subjected her to sexual asault on two or thre ocasions, including once shortly after Holi, folowing which her menstrual cycle ceased in March 2020.

3 .2.

On this complaint, the subject FIR was registered and investigation set in motion. During investigation, her statement was also recorded under Section 164 Cr.P.C., where she stated that sexual relations had taken place with the Appellant —around one or was —with her consent" and that s Nevertheles, chargeshet was filed and the Special Court tok cognizance on 28 th August, 2020.

3 .3 By order dated 18 th September, 2020, charges were framed against the Apelant under Section 6 read with Section 5(j)(i) and (l) of the POCSO Act. The Apelant pleaded not guilty and claimed trial.

3 . 4 . In suport of its case, the Prosecution examined twelve witneses, comprising the P rosecutrix and her imediate family members, the investigating oficers, schol and municipal record kepers, and the forensic examiner. For clarity and ease of reference, the witneses are sumarised in the table below : PW No.

Name / Description

Role / Deposition

PW - 1 The Prosecutrix

Complainant; aleged sexual asault; statement

5 —IO"

6 Translation of —Holi se karib ek - do din pehle mere bhai aur mere bech sexual relations huye jo meri marzi se hua tha. Mai koi karyawahi nahi chahti

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PW No.

Name / Description

Role / Deposition

under Section 164 CrPC.

PW - 2 Father of the Prosecutrix

Present at hospital; witnes to complaint; spoke on circumstances.

PW - 3 Mother of the Prosecutrix

Brought the P rosecutrix to hospital for MTP; coroborated disclosure.

PW - 4 Sister of the Prosecutrix

Present when prosecutrix made complaint at hospital.

PW - 5 HC Kuldep Singh, MHC(M), P.S. Utam Nagar

Proved deposit and handling of case property.

PW - 6 ASI Manoj Kumar

Recorded D entry 30B; visited DU Hospital; facilitated FIR registration.

PW - 7 HC Umesh

Acompanied IO; prepared site plan of residence.

PW - 8 Purshpendra Khatri, TGT, Utam Nagar

Produced schol records; DOB: 3 rd October,

207.

PW - 9 Soni Khampa, Junior Forensic Examiner, FSL Rohini

Conducted forensic analysis of biological exhibits.

PW -

Pradep Kumar, Record Keper, Birth & Death Dept.

Produced birth record; DOB: 2 nd November,

204.

PW -

Baladin Ahirwar, Principal

Produced schol record; DOB: 15 th September, 204.

PW -

W/SI Sushma, Investigating Oficer

Conducted investigation; colected evidence; filed charge - shet.

3 . 5 . Upon conclusion of the Prosecution evidence, the statement of the Apelant was recorded under Section 313 of the Cr.P.C . Al incriminating circumstances apearing in the record were put to him. The Apelant denied the alegations in toto , aserting that he had ben falsely implicated, and further claimed that the Prosecutrix had not herself made any complaint against him. He, however, chose not to lead any defence evidence. The mater thereafter proceded to final arguments.

3 . 6 . Upon consideration of the age of the Prosecutrix, the depositions of P rosecution witneses, and the medical and forensic evidence brought on

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record, the Trial Court held that the Apelant had subjected the Prosecutrix to repeated acts of penetrative sexual asault, which culminated in her pregnancy. By judgment dated 4 th December, 2024, he was convicted for the ofences punishable under Section 6 read with Section 5(j)(i) and Section 5(l) of the POCSO Act, 2012. By the order on sentence dated 17 th January, 2025, he was sentenced to undergo rigorous imprisonment for a period of twenty years, along with a fine of - . $SSHOODQW¶V&DVH

4 . Mr. Akshya, counsel for the Apelant, asails the conviction and sentence on multiple grounds, urging that the impugned judgment sufers from grave infirmities and rests on asu mptions , rather than reliable prof. His submisions are sumarised below : 4 .1.

The conviction of the Apelant is unsustainable in law, being founded solely on DNA evidence, without adequate coroboration from oral testimony. Although the P rosecution examined as many as twelve witneses, none of them, suceded in establishing the case beyond reasonable doubt. The Trial Court brushed aside critical contradictions and inconsistencies, instead resorting to presumptions to arive at guilt.

4 .2.

The evidence of the P rosecutrix (PW - 1) is diametricaly oposed to the P rosecution 's case. In her deposition, she stated that she was in a relationship with one Rahul and that her physical relations were with him prior to Holi, 2020. She maintained that her pregnancy came to light only when her mother noticed changes in her body and tok her for medical

CRL.A. 269/2025 Page 1 of * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 27 th August, 2025 + CRL.A. 269/2025 & CRL.M.A. 6930/2025, CRL.M.(BAIL) 486/2025 ASHISH .Apelant Through: Mr. Akshya and Ms. Nupur Jhangala, Advocates. versus STATE OF NCT OF DELHI .Respondent Through: Mr. Mukesh Kumar, AP for the State with Mr. Naresh Dagar, Advocate. SI Bharat, PS: Utam Nagar, W/SI Sushma, PS: Nangloi Metro, Ms. Soni Kampa, Senior Scientific Oficer, FSL Rohini. Ms. Inderjet Sidhu, Advocate for the Prosecutrix. Mr. Abhishek, Advocate for R - K. CORAM: HON'BLE MR. JUSTICE SANJEV NARULA