RAJESH @ RAJU vs STATE

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 26th November,2025 Date of Decision: 4th December, 2025 + CRL.A. 1436/2011 RAJESH @ RAJU .....Appellant Through: Mr. Nagender Deswal and Mr. Rishi Raj Deswal, Advocates along with Appellant in person. versus STATE .....Respondent Through: Mr. Mukesh Kumar, APP with Mr. Sunil Singh Rawat and Mr. Arsalan Naik, Advocates for State. SI Umair, P.S. Kanjhawala. Ms. Astha (DHCLSC) with Ms.Megha Singh, Advocate for Prosecutrix. CORAM: HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA JUDGMENT % 1. The present appeal under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the “Cr.P.C”) is filed against judgment of conviction dated 10th May, 2011 (hereinafter referred to as the “impugned judgment”) and against order on sentence dated 13th May, 2011 (hereinafter referred to as the “impugned order on sentence”) passed by the learned ASJ, Rohini Courts, Delhi (hereinafter referred to as the “Trial Court”) in Sessions Case bearing no. 12/2010 arising out of the FIR bearing no. 161/2009, registered at P.S. Kanjhawala, Delhi. Signature Not Verified CRL. A. 1436/2011 Page 1 of 10 Signed By:NAMITA DHYANI Signing Date:04.12.2025 16:32:06 2. The appellant vide the impugned judgement was held guilty for committing the offence punishable under Sections 376 of the Indian Penal Code, 1860 (hereinafter referred to as the “IPC”). The appellant vide the impugned order on sentence was sentenced to undergo Rigorous Imprisonment for a period of 07 years under Section 376(1) IPC alongwith a fine of Rs. 1,000/- and in default of payment of fine, the appellant was sentenced to undergo Simple Imprisonment for a period of 03 months. 3. The case of the prosecution, in brief, is that on 11th September, 2009 at about 1:00 AM, the