State v. Padam Dhar Dwivedi

$~12 & 13 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.A. 459/2020 MISS P AND OTHERS .....Appellants Through:

Ms. Shivangi Sharma, Mr.

Harshvardhan Jain, Advs.

(M:

7065593930) versus STATE OF NCT DELHI & ANR.

..... Respondents Through:

Mr. Harsh Prabhakar, Adv. (DSLSA) Mr.

Dhruv Chaudhry, Ms.

Eshita Pallavi, Mr. Adeeb Ahmad, Advs. (M:

9620981914) Mr. Kamlesh Kumar Mishra, Mr. Nitin Kumar Nayak, Ms. Manya Mishra, Along with R2 in persons.

(M:

9582388509) WITH + CRL.A. 295/2021 STATE ..... Appellant Through:

Mr. Harsh Prabhakar, Adv. (DSLSA) Mr. Dhruv Chaudhry, Ms. Eshita Pallavi, Mr.

Adeeb Ahmad, Adv. (M: 9620981914) versus P.D.D.

..... Respondent Through:

Mr. Kamlesh Kumar Mishra, Mr. Nitin Kumar Nayak, Ms. Manya Mishra, Along with R1 in persons. (M: 9582388509) Ms. Shivangi Sharma, Mr. Harshvardhan Jain, Advs. (M: 7065593930)

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE AMIT SHARMA

O R D E R

% 02.07.2024 1.

This hearing was conducted through hybrid mode. 2.

Mr. Kamlesh Mishra, learned Counsel prays for further time for filing 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 23/07/2024 at 14:20:35

affidavit declaring assets and income of the Respondent, in terms of the previous order.

3.

Ld. Counsel appearing for the Delhi State Legal Services Authority (DSLSA) states that the Victim Impact Report (VIR) has been filed by him on 2nd May, 2024. However, to give a comprehensive VIR the affidavit of assets and income which is to be filed by the Respondent would also be required. 4.

Accordingly, Mr. Mishra, learned Counsel is given the last and final opportunity to file the affidavit in terms of the previous orders by 15th July, 2024. Let an advance copy of the same be furnished to the learned counsel for the DSLSA. Thereafter, the comprehensive VIR be filed by 30th July, 2024. 5.

As can be seen from the judgment dated 14th May, 2024, the predecessor Bench has reversed the acquittal and has, convicted the accused for the offences punishable under Section 6 of Protection of Children from Sexual Offences Act, 2012 and Sections 506 and 323 of the Indian Penal Code, 1860. Only arguments on sentence are to be heard.

6.

Under such circumstances, subject to the orders of Hon'ble The Acting Chief Justice, let the matter be listed before the same Bench that had passed the judgment of conviction in the present appeal. 7.

List on 9th August, 2024.

PRATHIBA M. SINGH, J.

AMIT SHARMA, J.

JULY 2, 2024 dj/bh 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 23/07/2024 at 14:20:35