Delhi High Court - Orders
Omvir vs State (Nct Of Delhi) on 4 August, 2025
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 561/2025
OMVIR .....Appellant
Through: Ms. Inderjeet Sidhu, Advocate
versus
STATE (NCT OF DELHI) .....Respondent
Through: Mr. Naresh Kumar Chahar, APP for
the State with Ms. Puja Mann,
Advocate and SI Gajender Singh
CORAM:
HON'BLE DR. JUSTICE SWARANA KANTA SHARMA
ORDER
% 04.08.2025 CRL.M.(BAIL) 930/2025 (suspension of sentence)
1. By way of the present application, the applicant/appellant seeks suspension of sentence, awarded to him vide judgment of conviction dated 15.02.2025 and order on sentence dated 18.03.2025, in SC No. 747/2018 arising out of FIR bearing no. 225/2018, registered at Police Station Chhawla, Delhi, for the commission of offences punishable under Sections 363/376 of Indian Penal Code, 1860 (hereafter 'IPC') and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereafter 'POCSO Act') passed by the learned Additional Sessions Judge (SC-POCSO), Dwarka Court, New Delhi, whereby the appellant was sentenced to undergo
(i) rigorous imprisonment for a period of ten years with fine of Rs.10,000/- and in default of payment of fine, to undergo simple imprisonment for thirty 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 15/08/2025 at 22:52:57 days for commission of offence under Section 6 POCSO Act; (ii) rigorous imprisonment for a period of one year with fine of Rs.1,000/- and in default of payment of fine, to undergo simple imprisonment for ten days for commission of offence under Section 506 of IPC. Fine had not been paid by the convict. Both the sentences were ordered to be run concurrently. Benefit of Section 428 Cr.P.C. was granted to the convict.
2. Nominal roll of the appellant has been received.
3. The learned counsel appearing on behalf of the appellant states that the appellant has been falsely implicated in the present case. He states that the appellant belongs to poor strata of the society and has old aged parents, who are suffering from various ailments. He further states that the appellant/applicant has been facing trial since the year 2018 and is about 31 years of age. It is also submitted that the appellant has remained in judicial custody for about 06 years and 02 months and 14 days and has served more than half of the sentence. He further states that the appellant is not involved in any other case and the jail record shows that his conduct is satisfactory. Therefore, the sentence awarded to the appellant/applicant in the present case may be suspended during the pendency of the present appeal.
4. In light of the aforesaid facts and circumstances of the case, the present application is allowed. It is directed that the sentence awarded to the appellant/applicant shall remain suspended during the pendency of the present appeal, subject to his furnishing a personal bond to the tune of Rs. 10,000/- with one surety bond of the like amount, subject to satisfaction of the learned Trial Court/Successor Court/Link Court/Duty Judge concerned on the following terms and conditions:
i) The appellant/applicant shall not leave the country without 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 15/08/2025 at 22:52:57 prior permission of the learned Trial Court.
ii) In case of change of residential address/contact details and phone number, the applicant shall promptly inform the same to the concerned Trial Court.
5. Accordingly, the present application stands disposed of.
CRL.A. 561/20256. During the course of arguments, the learned counsel appearing on behalf of the appellant as well as the learned APP for the State draws this Court's attention to DNA examination, which reads as under:
"DNA EXAMINATION The exhibits '1', '2a', '3', '4', '5', '6', '7', '8' & '9' were subjected to DNA isolation. DNA was isolated from the source of exhibits '2a', & '5' . Global filer kit was used for PGR amplification and Gene Mapper ID-X software was used for DNA profiling (STR analysis) in each of these exhibits. However, DNA could not be isolated from the source of '6', '7', '8', '9', this may be due to degradation or presence of inhibitors. RESULT OF DNA ANALYSIS DNA profile of male origin generated from the source of exhibits '2a', (Blood sample of accused Omvir and DNA profile of female origin generated from the source of exhibits '5', ( Blood sample of victim Pinki) are preserved in this laboratory for future reference."
7. It is a third case being dealt with by this Court where a crucial evidence has been lost, due to one reason or another, including due to degradation.
8. Let a concerned person from FSL, Rohini, Delhi alongwith Dr. Sarabjit Singh, Senior Scientific Officer (Biology)-cum-Ex. Officio, Chemical Examiner Forensic Science Laboratory, Delhi, Government of National Capital Territory, Rohini, New Delhi who has prepared the FSL report, be called for the next date of hearing.
9. List on 30.10.2025.
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 15/08/2025 at 22:52:57
10. The order be uploaded on the website forthwith.
DR. SWARANA KANTA SHARMA, J AUGUST 04, 2025/ns 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 15/08/2025 at 22:52:57