Conviction upheld but substantive sentence reduced from 20 to 14 years in Rajender Sharma case under POCSO and IPC
In a significant decision, the Delhi High Court has upheld the conviction of Rajender Sharma, accused of committing penetrative sexual assault on a minor, but has reduced his substantive sentence from 20 years to 14 years. The judgment was delivered by Justice Chandrasekharan Sudha on May 5, 2026, in CRL.A. 610 of 2020, concerning offenses under Section 376(2)(f) of the Indian Penal Code (IPC) and Section 6 of the Protection of Children from Sexual Offences Act (POCSO), 2012.
The case stemmed from an incident on January 13, 2013, where the accused, a tenant at the victim’s residence in Sangam Vihar, allegedly committed a penetrative sexual assault on the six-year-old victim. The trial court had originally sentenced Sharma to 20 years of rigorous imprisonment, exceeding the permissible limit for a fixed-term sentence under the POCSO Act, which the High Court found to be improper.
Despite discrepancies in the testimony regarding the location of the assault, the High Court found the victim's account credible and consistent. The court noted that the scientific evidence, though not entirely reliable due to issues with the seizure and handling of forensic samples, served as corroborative support. Justice Sudha emphasized that even with the intact hymen, the offense of penetrative sexual assault was established as penetration "to any extent" suffices under Section 3(a) of the POCSO Act.
The defense argued that the victim’s grandmother had falsely implicated Sharma due to a rent dispute, but this was rejected by the court as improbable. The High Court found no substantial prejudice to the accused from noncompliance with certain procedural requirements under the Criminal Procedure Code.
The judgment also referenced previous rulings, notably the case of Ravinder Singh v. The State Govt. of NCT of Delhi, which clarified sentencing guidelines under the POCSO Act. The High Court ruled that the trial court could impose either a life sentence or a fixed term not exceeding 14 years, leading to the reduction in Sharma’s sentence.
The Delhi High Court’s decision underscores the judiciary’s commitment to upholding convictions in sexual assault cases while ensuring adherence to statutory sentencing limits. The judgment serves as a precedent for interpreting sentencing guidelines under the POCSO Act.
Bottom line:-
Conviction for offences under Section 376(2)(f) IPC and Section 6 of the POCSO Act upheld. The substantive sentence of imprisonment reduced from 20 years to 14 years, as the trial court exceeded the permissible limit for a fixed-term sentence under the POCSO Act.
Statutory provision(s): Section 376(2)(f) IPC, Section 6 POCSO Act, Section 3(a) POCSO Act, Section 313 CrPC, Section 232 CrPC, Section 164 CrPC
Rajender Sharma v. State (Govt of NCT) Delhi, (Delhi) : Law Finder Doc id # 2893169
