STATE(GOVT OF NCT OF DELHI) vs MOHIT

Judgment text excerpt

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: December 2, 2025 + CRL.L.P. 357/2018 STATE (GOVT OF NCT OF DELHI) .....Petitioner Through: Mr. Sunil Kumar Gautam, APP for the State SI Arti Singh, PS- Begum Pur versus MOHIT .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN AMIT MAHAJAN, J. (Oral) 1. The present petition is filed under Section 378 of the Code of Criminal Procedure, 1973 (hereinafter ‘CrPC’) seeking leave to challenge the judgment dated 28.03.2018 (hereinafter ‘the impugned judgment’), passed by the learned Additional Sessions Judge (‘ASJ’), in Sessions Case No. 530522/016 arising out of FIR No. 69/2016, registered at Police Station Begum Pur, whereby the learned Trial Court had acquitted the respondent of the offences under Sections 328/342/366/376/506 of the Indian Penal Code, 1860 (hereinafter ‘IPC’). 2. Succinctly stated, it is the case of the prosecution that on 18.01.2016 an information was received in PS Begumpur from PCR vide DD no. 35A dated 18.01.2016, at about 10.30 pm, that one boy has kidnapped the sister of informant. On the same day, information was received that a victim, who allegedly was taken by a boy while she was going to her school, was allegedly raped Signature Not Verified Signed By:HARMINDER CRL.L.P. 357/2018 Page 1 of 12 KAUR Signing Date:11.12.2025 16:36:43 by that boy. Upon receipt of such information, SI Raj Devi went to SGM hospital where victim was with her mother and she was medically examined in the hospital. After receipt of MLC, prosecutrix was counselled from the NGO representative and thereafter statement of the victim was recorded on 19.01.2016. 3. The FIR was registered pursuant to a complaint given by the victim, 19-years-old, stating that she was known to Respondent- accused/M