* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 01.11.2019
+ CRL.REV.P. 1137/2019 and CRL.M.(BAIL) 1920/2019
MUSHTAK @ PALO ….. Petitioner
Through: Mr. Jaspreet Singh, Adv.
STATE ….. Respondent
Through: Mr. Hirein Sharma, APP for State
with SI Jhabbu Ram, PS – Hari Nagar
HON’BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T (ORAL)
1. Allowed, subject to all just exceptions.
2. This application is, accordingly, disposed of.
3. Vide the present petition, the petitioner seeks direction thereby to set
aside the main judgment dated 26.09.2019 passed by the learned Additional
Sessions Judge (West), Tis Hazari Courts, Delhi, whereby the Criminal
Appeal No.43/2018 has been dismissed. The petitioner further seeks
direction thereby to quash the order and judgment dated 06.01.2018 passed
by the learned Metropolitan Magistrate in FIR No. 226/2011, registered at
Police Station – Khyala.
4. As per the prosecution case, on 18.09.2011 at about 08.00 PM at B-
CRL.REV. P. 1137/2019 Page 1 of 3
Block park, Raghubir Nagar, Delhi, appellant/ convict had carnal intercourse
which is against the order of nature with the victim (name withheld) aged
about 12 years. After investigation, charge-sheet was filed against the
petitioner and charge was framed under Section 377 IPC, to which he
pleaded not guilty and claimed trial. The prosecution examined eight
witnesses to prove its case and the petitioner/ accused has not examined any
5. Based upon the evidence adduced by the prosecution, the learned
Trial Court convicted the petitioner/ accused for the offence punishable
under Section 377 IPC for a period of three years simple imprisonment and
compensation of ₹20,000/- payable to the victim under Section 357 Cr.P.C.
In default of payment of compensation, the convict shall undergo further
simple imprisonment for a period of three months.
6. Learned counsel appearing on behalf of the petitioner/ accused
submits that the accused is presently 27 years of age and is a married man
and his wife is at the advance stage of pregnancy and submits that there is no
previous criminal record of the petitioner and has undertaken not to indulge
in any criminal activity of any sort in future. He submits that since the
petitioner has already undergone 18 months’ incarceration, while
CRL.REV. P. 1137/2019 Page 2 of 3
maintaining the conviction, the petitioner may be released on the period
7. Learned APP submits that if this Court is inclined to dispose of the
present petition on the period already undergone, then the petitioner/
accused may be directed to deposit an amount of ₹20,000/- to be paid in
favour of the victim as directed by the learned Trial Court.
8. Learned counsel for petitioner, on instructions, submits that the
compensation amount shall be paid in favour of the victim.
9. Accordingly, while maintaining the conviction against the present
petitioner, I hereby modify the order on sentence dated 06.01.2018 that the
petitioner shall be released on already undergone and on depositing the
amount of ₹20,000/- by way of demand draft in favour of the victim, as
directed by the learned Trial Court. On deposit of the amount, the Trial
Court is directed to release the said amount in favour of the victim.
10. In view of the above directions, the petition is disposed of. Pending
application is also disposed of.
11. Order dasti under the signatures of Court Master.
(SURESH KUMAR KAIT)
NOVEMBER 01, 2019/PB
CRL.REV. P. 1137/2019 Page 3 of 3