MITHLESH @ RAJU vs THE STATE

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on : 20th August, 2025 Date of Decision : 25th August, 2025 + CRL.A. 40/2007 MITHLESH @ RAJU .....Appellant Through: Ms. Mallika Parmar, Advocate with Appellant in person. versus THE STATE .....Respondent Through: Mr. Satinder Singh Bawa, APP for the State with SI Ajay, PS-Narela. CORAM: HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA JUDGMENT RAJNEESH KUMAR GUPTA, J. 1. The present appeal is filed on behalf of the Appellant under Section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the “CrPC”) against the judgment dated 26th October, 2006 (hereinafter referred to as the “impugned judgement”) and against the Order-on-Sentence dated 06th November, 2006 (hereinafter referred to as the “impugned Order on Sentence”) passed by the court of Additional Sessions Judge, Rohini Courts, Delhi (hereinafter referred to as the “Trial Court”) in Sessions Case bearing No. 161/2006 arising out of the FIR bearing No. 130/2004 registered at Police Station-Narela, Delhi. The Appellant vide the impugned judgement was held guilty for committing the offence punishable under Section 376 of the Indian Penal Code, 1860 (hereinafter referred to as the “IPC”). The Appellant vide the impugned Order on Sentence dated 06th Signature Not Verified Signed By:VAISHALI CRL.A. 40/2007 Page 1 of 12 CHAUHAN Signing Date:25.08.2025 15:21:10 November, 2006 was sentenced to undergo Rigorous Imprisonment for a period of 10 years along with a fine of ₹10,000/-, and in default of payment of fine, convict was sentenced to undergo Simple Imprisonment for a period of one year. 2. Briefly stated, the Prosecution’s case as reflected in the impugned judgment is as follows: “Prosecutrix and her mother had appeared in the PS, where statement of