Delhi High Court Denies Lenient Sentence To Three Police Personnel Accused Of Harrassing Colleague's Wife, Minor Niece

“The conduct of the Convict was persistent, who would regularly stand in the street and strip himself naked on seeing the Complainant and her niece. Such act of the Convict who was in Delhi Police, cannot be forgiven or overlooked. He, being a Police official, was duty bound to abide by the law and to ensure the maintenance of law and Order. However, he instead had indulged in the sexual offences, not only towards the Complainant but also a little child of about 6 years of age,” bench of Justice Neena Bansal Krishna observed.

It thus sentenced convict Jaidev, who was compulsorily retired from service, to two years imprisonment and fine under Section 294 (obscene act), 354A (sexual harassment), 509 (insult modesty of woman) IPC and Section 12 (sexual harassment upon child) POCSO Act.

The Court also sentenced his brother and son, also serving the Delhi Police, for making explicit sexual remarks and vulgar gestures towards the Complainant, to one year imprisonment and fine.

“It cannot be overlooked that all the three convicts belong to the same family and they all together on the date of incident, had mis-conducted themselves and had persisted in committing the offence. The gravity of the offence gets aggravated by the circumstances that they both are in Delhi Police and are neighbours,” the Court said.

It also noted that there were other FIRs registered in the year 2014 and 2015 against the Convicts, indicating there was no reform.

“The convicts are none other than the police officials, who are responsible to maintain law and order in society. Furthermore, they were the neighbours of the Complainant and the child victim and were fully aware and conscious of their offensive acts towards them. It is not a case where a restorative or rehabilitative approach would be justified while sentencing,” the Court said.

Appearance: Mr. Shoaib Haider, Additional Public Prosecutor for the State with SI Vikas Bhardwaj for Appellant; Mr. R.N. Sharma &Mr.Rahul Sharma, Advocates for Respondents No.1 & 4 Mr.Satyam Thareja &Mr.Shaurya Katoch, Advocates for Respondent No.3 Mr. Shalabh Gupta &Ms.Vandita Gupta, Advocates for Complainant

Case title: GNCTD v. Jaidev & Ors.

Citation: 2025 LiveLaw (Del) 924

Case no.: CRL.A. 798/2025

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