The Delhi High Court has declined to suspend the life sentence awarded to Sumit Shakya, who has been convicted in a POCSO case involving a child below 12 years of age. A Division Bench of Justice Prathiba M. Singh and Justice Dinesh Bhatt passed the order on September 22, 2026, while hearing Shakya’s criminal appeal against his conviction and sentence.
The appeal challenges the judgment dated May 20, 2026, and the sentencing order dated July 11, 2026, passed by the Additional Sessions Judge-01 (POCSO), North-West, Rohini, in Sessions Case No. 772/2023 arising from FIR No. 350/2023 registered at Budh Vihar Police Station. The trial court had convicted Shakya for aggravated penetrative sexual assault under the POCSO Act and for criminal intimidation under Section 506 of the IPC.
The incident dates back to July 23, 2023, when the survivor was stated to be seven years old. The High Court noted that the survivor was now 10 years old and described the trial court’s message to her as a message of encouragement.
The trial court sentenced him to rigorous imprisonment for life, meaning imprisonment for the remainder of his natural life, along with a fine of Rs. 1 lakh for the POCSO offence. It also imposed five years’ rigorous imprisonment and a Rs. 20,000 fine for criminal intimidation. Both sentences were directed to run concurrently. The trial court further awarded Rs. 10.50 lakh as compensation to the child victim under Section 33(8) of the POCSO Act.
The High Court admitted the criminal appeal and issued notice to the State and the prosecutrix. It also sought a status report from the District Legal Services Authority regarding the compensation awarded to the victim’s family.
The order also recorded the message written by the trial judge, Rajani Ranga, for the child survivor. The message referred to the child’s request that the accused remain in jail until he became old and stated:
“This Court cannot give you back your childhood. But Court can promise you that your words have been heard. Your plea has been granted. The man who hurt you will never see the sun as a free man again. Now, beta, live your life. Go to school Make friends. Laugh. Play Dream. This Court will always remember your courage.”
While considering Shakya’s application seeking suspension of his sentence and release on bail during the appeal, the High Court declined to grant relief at this stage. The Bench specifically noted that it had considered the evidence, including the forensic evidence, and was not inclined to suspend the sentence.
The matter was directed to be listed on November 4, 2026, for consideration of the DLSA status report, and again on January 20, 2027.
Case Title: Sumit Shakya v. State of NCT of Delhi & Anr.
Case Number: CRL.A. 849/2026
