Delhi High Court - Orders
Prakash vs State Gnct Of Delhi & Anr on 15 January, 2026
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~46
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 54/2026 & CRL.M.A. 1354/2026, CRL.M.(BAIL) 87/2026
PRAKASH .....Appellant
Through: Mr. Prashant Mehta (DHCLSC) with
Mr. Charanpreet Singh & Mr. Pranav
Singh, Advs.
versus
STATE GNCT OF DELHI & ANR. .....Respondents
Through: Mr. Ritesh Kumar Bahri, APP with
Mr. Lalit Luthra & Mr. Vinesh Kumar,
Advs
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE MADHU JAIN
ORDER
% 15.01.2026
1. This hearing has been done through hybrid mode. CRL.M.A. 1354/2026 (for exemption)
2. Allowed, subject to all just exceptions. Application is disposed of.
CRL.A. 54/20263. The present appeal has been filed by the Appellant under Section 415(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 challenging the impugned judgement dated 14th November, 2025 and order on sentence dated 20th November, 2025, passed by ld. ASJ-01/Special Judge (POCSO), Shahdara District, Karkardooma Courts, Delhi in Sessions Case No. 159/2016 arising out FIR No. 702/2015 registered at P.S Anand Vihar, Delhi.
4. Vide the impugned judgment, the Appellant has been convicted under Section 366/342/325/376(2)(i)/201/506 of IPC and Section 6 of the POCSO 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 19/01/2026 at 20:36:50 Act. Vide the impugned order on sentence, the Appellant has been sentenced in the following terms:
"13. Therefore, for the offence punishable u/s 366-A IPC, convict Prakash is sentenced to rigorous imprisonment for 07 years and 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.
14. Further, for the offence punishable u/s 342 IPC, convict Prakash is sentenced to rigorous imprisonment for 01 year and 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.
15. Further, for the offence punishable u/s 325 IPC, convict Prakash is sentenced to rigorous imprisonment for 05 years and 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.
16. Further, for the offence punishable u/s 201 IPC, convict Prakash is sentenced to rigorous imprisonment for 01 year end 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. Further, for the offence u/s 506(II) IPC, the convict Prakash is sentenced to rigorous imprisonment for a period of 5 years and 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. Further, for the offence u/s 376 (2)(i) IPC, convict 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 19/01/2026 at 20:36:50 Prakash is sentenced to imprisonment for life which shall mean imprisonment for tho remainder of his natural life and and fine of Rs.1,000/-.
19. As per the report of the Jail Superintendent, convict Prakash has undergone total custody period of 10 years 01 month and 03 days till date i.e., from 17.10.2015 till date. However, as per report of the Ahlmad, the convict was arrested on 16.10.2015. Therefore, the benefit of section 428 Cr.P.C is given to the convict Prakaah in respect of offences us 366/342/325/201/506 IPC and the said period of detention undergone by him 10 years 01 month and 04 deys io, from 16.10.2015 till date bo set off against that sentence. All the sentences to run concurrently.
20. Fine not paid."
5. Admit.
6. Issue Notice. Mr. Ritesh Kumar Bahri, ld. APP accepts notice on behalf of the State.
7. 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.
8. Let the physical TCR be requisitioned to the Court on the next date of hearing by the Registry.
CRL.M.(BAIL) 87/2026
9. The present application has been filed by the Appellant under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking suspension of sentence and release on bail during the pendency of the present appeal.
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 19/01/2026 at 20:36:50
10. Issue notice. Notice is accepted by Mr. Ritesh Kumar Bahri, ld. APP for the State.
11. Let the State file a status report/reply by the next date of hearing.
12. Vide the impugned order on sentence, certain compensation has been awarded to the survivor in the following terms:
"23. Considering the totality of facts and circumstances and for the ends of justice, final compensation of Rs.10,00,000/-(Rupees Ten Lacs Only) is awarded to 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 suffered by the victim as a consequence of the present bffence. It is also directed that the interim compensation of Rs.2,00,000/- already disbursed to the victim vide order dated 29.10.2015 shall be adjusted from the aforesaid final compensation amount along with other adjustments, if any, as per law.
24. Considering the facts and circumstances of the case and very poor financial condition of the convict, it is directed that the entire compensation amount of Rs.10,00,000/- (Rupees Ten Lacs only) shall be paid by DLSA (Shahdara), Karkardooma, Delhi to the victim. Ld. Secretary, DLSA, Shahdara is directed to disburse the said amount to the victim in accordance with Delhi Victim Compensation Scheme, 2018."
13. The survivor may appear on the date of hearing, by engaging a Counsel or may contact the Delhi High Court Legal Service Committee for the same.
14. Issue notice to Secretary, Delhi Legal Service Authority (hereinafter, 'DLSA'), Shahdara, Karkardooma.
15. Let the DLSA file a status report as to the disbursement of the compensation to the victim.
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 19/01/2026 at 20:36:50
16. 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.
17. Let an affidavit be filed by the Appellant stating the past criminal antecedents of the Appellant by the next date of hearing.
18. Copy of this order be communicated to the concerned Jail Superintendent for necessary information and compliance.
19. Copy of this order be communicated to Secretary, DLSA, Shahdara for necessary information and compliance.
20. Copy of this order be communicated to Delhi High Court Legal Service Committee for necessary information and compliance.
21. List on 29th April, 2026.
PRATHIBA M. SINGH, J MADHU JAIN, J JANUARY 15, 2026 Rahul/sm 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 19/01/2026 at 20:36:50