KARAN Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The present appeal is filed under Sec. 415 of the Bhartiya Nagarik Suraksha Sanhita, 2023 ('BNSS') against final order and judgment dtd. 9/7/2025 (hereafter 'impugned judgment') and order of sentencing dtd. 30/7/2025 (hereafter 'impugned order on sentence') passed by the learned Additional Sessions Judge (POCSO)- 6, West District, Tis Hazari Court, Delhi ('ASJ') in S.C. No. 80/2021.

(2.) By the impugned judgment, the learned ASJ convicted the appellant for the offences under Ss. 342/363/365/376AB/506 of the Indian Penal Code, 1860 ('IPC') and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act'). By the impugned order on sentence, the learned ASJ sentenced the appellant to undergo rigorous imprisonment for a period of 20 years and to pay a fine of Rs.10,000.00 for the commission of the offence under Sec. 6 of the POCSO Act; rigorous imprisonment for a period of 1 year and to pay a fine of Rs.1,000.00 for the commission of the offence under Sec. 342 of the IPC; rigorous imprisonment for the period of 1 year and to pay a fine of Rs.1,000.00 for the commission of the offence under Sec. 363 of the IPC; rigorous imprisonment for the period of 2 years and to pay a fine of Rs.2000.00 for the commission of the offence under Sec. 365 of the IPC and rigorous imprisonment for the period of 1 year and to pay a fine of Rs.1,000.00 for the commission of the offence under Sec. 506 of the IPC. All of the above sentences were directed to run concurrently.

(3.) The FIR was registered on a complaint given by the victim. The victim, aged 13 years and the appellant lived in the same neighborhood. It is alleged that the appellant would repeatedly try to talk to the victim and invite her to his room. It is alleged that the appellant would profess his love to the victim and ask her to marry him, despite the victim refusing for the same. It is alleged that on 8/12/2020, around 11:30 pm, when the victim went to use the washroom, the appellant came from behind the victim, gagged her mouth and took her to his room. It is alleged that the appellant forcefully established physical relations with the victim and held the mouth of the victim shut to the extent that she lost consciousness. It is alleged that when the victim regained consciousness, she had no clothes on and her body was paining. It is alleged that at that time, the parents of the victim were looking for her and upon hearing their voice, the appellant hid the victim in a closet. It is alleged that the appellant threatened the victim that if she disclosed the incident to anyone, he would kill her. It is alleged that thereafter, the appellant ran away from the spot. It is alleged that the victim's parents opened the said closet, got the victim out, took her to the hospital and called the police.