A man convicted of the aggravated sexual assault of a young child and sentenced to imprisonment for the rest of his natural life sought his release while appealing. The Delhi High Court declined to suspend the sentence at this stage, and, in an unusual and humane step, directed that the compensation awarded to the child, and a personal message written to her by the trial judge, be delivered to her.
New Delhi: The Delhi High Court has declined to suspend the sentence of a man convicted under the Protection of Children from Sexual Offences (POCSO) Act and sentenced to rigorous imprisonment for the remainder of his natural life, while admitting his appeal against the conviction and sentence.
A Division Bench of Justice Prathiba M. Singh and Justice Dinesh Bhatt issued notice on the appeal, but, on the application for suspension of sentence, held that, considering the evidence in the matter, including the forensic evidence, it was not inclined at this stage to suspend the sentence.
The conviction and sentence
The appellant was convicted by the trial court of the aggravated penetrative sexual assault of a child who was below 12 years of age, an offence under Section 6 read with Section 5 of the POCSO Act and the corresponding provisions of the Indian Penal Code, and of criminal intimidation. For the POCSO offence, he was sentenced to rigorous imprisonment for life, which the trial court specified would mean imprisonment for the remainder of his natural life, along with a fine; a concurrent sentence was imposed for criminal intimidation. The entire fine, if recovered, was directed to be paid to the child as compensation.
Compensation and rehabilitation
The High Court noted that the trial court had, in addition, awarded the child the maximum compensation permissible, a total of over Rs 10 lakh under the POCSO framework and the applicable victim-compensation rules, and had directed that proper rehabilitation be provided, taking into account the humiliation and lifelong impact suffered by the child and her family. The High Court issued notice to the Secretary, District Legal Services Authority (DLSA), to file a status report on the compensation awarded to the family, and listed that aspect for consideration in November.
A message from the trial judge
The High Court took note of an unusual feature of the trial court’s order on sentence: the trial judge had written a post-script addressed directly to the child, not in the formal language of a judgment but as a message of reassurance and encouragement. In it, the judge told the child that the court had heard her, that her plea had been answered, and that the man who had harmed her would not walk free; the judge praised the child’s courage in speaking up and telling the truth, expressed the hope that she would now go on to live her life, go to school, make friends and dream, and assured her that her words had been heard.
Observing that the trial court’s message was one of encouragement, and noting that the child, said to have been about seven years old at the time of the incident in 2023, would now be around ten, the High Court directed the DLSA to print the message and hand it over to the survivor or her family, along with the compensation, within two weeks.
The Court also directed the appellant to file an affidavit of past criminal antecedents in terms of the High Court’s practice directions issued pursuant to the Supreme Court’s decision in Zeba Khan v. State of U.P., called for the jail nominal roll, and posted the matter for further hearing, with the DLSA’s status report to be considered in November.
Why it matters
At the stage of an appeal against a conviction, the question of suspending the sentence turns on the nature of the offence, the strength of the evidence and the sentence imposed. In declining to suspend a life sentence for a grave POCSO offence, with the trial court’s conviction resting on evidence that included forensic material, the High Court applied the settled caution against releasing, pending appeal, a person convicted of a serious sexual offence against a child. The refusal to suspend is not a decision on the appeal itself, which will be heard on merits; it means only that the convict will remain in custody while the appeal is pending.
The order is also notable for the attention it gives to the child’s rehabilitation. The POCSO framework and the victim-compensation rules provide for monetary compensation and rehabilitative measures for a child victim, and the High Court’s direction to the DLSA to ensure the compensation actually reaches the family, and to deliver the trial judge’s message of encouragement, reflects a victim-centred approach that looks beyond the punishment of the offender to the healing of the child. The direction that a court’s compassion be conveyed to the child in words she can understand is a rare and humane touch.
Nothing has been finally decided on the appeal, and the conviction and sentence recorded by the trial court stand while it is heard. The identity of the child survivor is protected by law and has not been disclosed, and no detail identifying her has been reported. The focus of the proceedings, for now, is on the pending appeal, the affidavit of antecedents, and the DLSA’s compliance with the directions on compensation and the delivery of the message.
Case Title: Sumit Shakya v. State of NCT of Delhi and Another [CRL.A. 849/2026]
Bench: Justice Prathiba M. Singh and Justice Dinesh Bhatt, High Court of Delhi at New Delhi
Date of Order: September 22, 2026
Status: Appeal admitted; application for suspension of sentence declined. Life sentence (remainder of natural life) for the POCSO offence stands during the appeal. DLSA directed to deliver the compensation and the trial judge’s message to the survivor; matter listed for November 4, 2026 and January 20, 2027. Conviction under appeal; not finally decided.
This report concerns a sensitive matter involving a child survivor of sexual violence, whose identity is protected by law and has not been disclosed. If you or someone you know needs support, the childline 1098 and the police helpline 112 can direct you to assistance.