Partly allowed

Ashutosh Kumar v. State of NCT of Delhi

Delhi HC28 Jan 2026CRL.A./301/2025

Case brief

AI extract

What is this about?

Conviction appeal under Section 415 BNSS challenging sentence for POCSO Section 6 offences. The court reduced the substantive sentence from 12 to 10 years' rigorous imprisonment considering the appellant was 20 at the offence with no antecedents, confirmed conviction, discharged DSLSA counsel after compensation disbursal, and disposed of the appeal.

What did the court decide?

Substantive sentence reduced from 12 years to 10 years' rigorous imprisonment; conviction confirmed.

Ashutosh Kumar Vs State of NCT of Delhi — Child Sexual Offences (POCSO) | Delhi HC (2026)

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$~14

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.A. 301/2025, CRL.M.(BAIL) 558/2025 & CRL.M.A. 29559/2025 ASHUTOSH KUMAR .....Appellant

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Through: Mr. Dhruv Bhagat, Advocate.

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versus STATE OF NCT OF DELHI .....Respondent

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Through: Mr. Pradeep Gahalot, APP for the State with SI Somika, PS – Bindapur. Mr. Vinayak Bhandari, Advocate for DSLSA.

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CORAM:

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HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA

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O R D E R % 28.01.2026

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This appeal under Section 415 of the Bharatiya Nagarik

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Suraksha Sanhita, 2023, has been filed on behalf of the appellant/accused in Sessions Case No. 12/2017 on the file of Additional Sessions Judge-01 (FTSC) (POCSO), Dwarka Courts, New Delhi, assailing the judgment and conviction dated 26.09.2024 as per which he has been found guilty of the offences punishable under Section 6 read with Sections 5(l) and (m) of the Protection of

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This is a digitally signed order.

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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 30/01/2026 at 12:45:11

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Children from Sexual Offences, 2012. Vide the order on sentence, the appellant has been sentenced to undergo rigorous imprisonment for a period of 12 years with payment of a fine of ₹2,000/-.

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The learned counsel for the appellant/accused submits that he would be addressing arguments only on the substantive sentence of imprisonment that has been imposed on the appellant. The appellant has filed CRL.M.A. 29559/2025, seeking reduction of the sentence from a period of 12 years to 10 years. It is submitted that the appellant/accused has served more than 7 years. He further submits that the fine amount has already been deposited. The latest nominal roll dated 21.04.2025 also states that a fine has been paid.

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The appellant/accused was 20 years old at the time of the commission of the offence. He has no criminal antecedents. Therefore, taking into account the facts and circumstances of the case, it is deemed appropriate to modify the substantive sentence of imprisonment to rigorous imprisonment for a period of 10 years. The impugned judgment shall stand modified to the aforesaid

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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 30/01/2026 at 12:45:11

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extent. The conviction and sentence shall stand confirmed.

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In the result, the appeal is partly allowed and the substantive

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sentence of imprisonment shall stand modified to rigorous

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imprisonment for a period of 10 years in the place of 12 years.

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The learned counsel for the DSLSA submits that the compensation as ordered by the trial court has been disbursed to the victim in this case. He, therefore, seeks discharge from the present

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case. The learned counsel for the DSLSA stands discharged.

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The present appeal is disposed of as aforesaid.

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Application(s), if any, pending shall stand closed.

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CHANDRASEKHARAN SUDHA, J

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JANUARY 28, 2026 kd

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This is a digitally signed order.

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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 30/01/2026 at 12:45:11

Ashutosh Kumar v. State of NCT of Delhi

Case brief

What is this about?

What did the court decide?

Ashutosh Kumar v. State of NCT of Delhi

Case brief

What is this about?

What did the court decide?

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