Delhi High Court – Orders
Gautam Vyapari vs State Govt. Of Nct Of Delhi on 20 December, 2024
Author: Prathiba M. Singh
Bench: Prathiba M. Singh, Amit Sharma
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 1219/2024 & CRL.M.(BAIL) 2179/2024
GAUTAM VYAPARI .....Appellant
Through: Ms. Rudrali Patil and Mr. Chaitanya
Sundriyal, Advs. (M:9997662801)
versus
STATE GOVT. OF NCT OF DELHI .....Respondent
Through: Mr. Ritesh Kumar Bahri, APP with Ms.
Divya Yadav & Mr. Lalit Luthra, Advs.
with SI Jyoti PS Tigri.
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE AMIT SHARMA
ORDER
% 20.12.2024
1. This hearing has been done through hybrid mode.
CRL.A.1219/2024
2. The present appeal under Section 415 of BNSS has been filed by the
Appellant-Gautam Vyapari, challenging the impugned judgment of conviction
dated 28th March, 2024, and the order on sentence dated 15th October, 2024,
passed by the ld. ASJ (FTC)(POCSO), South District, Saket Court, New Delhi,
in Sessions Case No.128/2021 arising out of FIR No.09/2021, registered at PS
Tigri, Delhi under Section 376 of IPC and Section 6 of POCSO Act.
3. Vide the impugned order the Appellant has been convicted for offences
punishable under Section 376(2)(n)/506 (Part-I) IPC & Section 6 r/w 5(1)(n) of
POCSO Act (in respect of survivor – Ms. ‘S’) and Section 376(3)/506(Part-I) IPC
and Section 6 read with Section 5(l)(n) and Section 10 read with Section 9(l)(n)
of POCSO Act (in respect of victim Ms. ‘A’ and Ms. ‘R’). The relevant portion of
the order on sentence reads thus:
“Therefore, the interest of justice would only suffice if the convict
Gautam Vyapari is sentenced as under :
CRL.A. 1219/2024 Page 1 of 3
This is a digitally signed order.
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The Order is downloaded from the DHC Server on 25/12/2024 at 21:39:51
In respect of victim Ms. ‘S’ (offence committed upon her by convict
being her step father)
Conviction Sentence
Sections & Rigorous Fine Amount Imprisonment
Act Imprisonment in lieu of fine
Section 6 20 years Rs.10,000/- 06 months
read with
Section
5(1)(n) of the
POCSO Act
Section 506 2 years Rs.4000/- 02 months
(Part-I) IPC
In respect of victim Ms. ‘A’, under 16 years of age (offence
committed upon her by convict her ‘Mausa’)
Section 6 Rigorous life Rs.10,000/- NA
read with imprisonment
Section for the
5(1)(n) of the remainder of
POCSO Act his natural life
Section 506 2 years Rs.4000/- 02 months
(Part-I) IPC
Section 10 7 years Rs.5000/- 03 months
read with
Section
9(1)(n) of the
POCSO Act
In respect of victim Ms. ‘R’, under 16 years of age (offence
committed upon her by convict being her ‘Mausa’)
Section 6 Rigorous life Rs.10,000/- NA
read with imprisonment
Section for the
5(1)(n) of the remainder of
POCSO Act his natural life
Section 10 7 years Rs.5000/- 03 months
read with
Section
9(1)(n) of the
POCSO ActCRL.A. 1219/2024 Page 2 of 3
This is a digitally signed order.
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The Order is downloaded from the DHC Server on 25/12/2024 at 21:39:51
Section 506 2 years Rs.4000/- 02 months
(Part-I) IPC
”
4. Admit.
5. 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 learned Counsel appearing on behalf of the
parties, upon request. Let the TCR be tagged along with this appeal by the next
date of hearing.
CRL.M.(BAIL) 2179/2024 (for suspension of sentence)
6. The present application under Section 430 read with section 528 of BNSS
seeks suspension of sentence and release of the Appellant on bail during
pendency of the instant appeal.
7. Issue notice.
8. Ld. APP for the State accepts notice and seeks time to file a reply/status
report. Let the same be filed within four weeks. Rejoinder thereto be filed before
the next date of hearing.
9. In the meantime, the latest nominal roll be requisitioned from the
concerned Jail Superintendent.
10. Notice to the Survivors be served through concerned SHO. The Survivors
are free to avail the services of a Legal Aid Counsel, if required.
11. Copy of the order be communicated to the concerned Jail Superintendent,
for necessary information and compliance.
12. List on 24th March, 2025.
PRATHIBA M. SINGH, J
AMIT SHARMA, J
DECEMBER 20, 2024/dk/ms/pr
CRL.A. 1219/2024 Page 3 of 3
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 25/12/2024 at 21:39:52