ANUPENDER vs STATE OF NCT OF DELHI

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 28.02.2025 + CRL.REV.P. 739/2024 ANUPENDER .....Petitioner Through: Mr. Manoj Kumar Mahaur, Mr. Deenanath, Mr. Abhishek and Mr. Mohd. Shahzad, Advocates. versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Naresh Kumar Chahar, APP for the State. CORAM: HON'BLE MS. JUSTICE SWARANA KANTA SHARMA JUDGMENT SWARANA KANTA SHARMA, J 1. The petitioner Anupender, by way of this revision petition preferred under Section 397 read with Section 401 of Code of Criminal Procedure, 1973 [hereafter ‗Cr.P.C.‘] seeks setting aside of the judgment dated 19.04.2024 [hereafter ‗impugned judgment‘] passed by learned Additional Sessions Judge (FTSC)(RC), South West, Dwarka Courts, Delhi [hereafter ‗the Appellate Court‘] in Cr. Appeal No. 539/2019 titled ‗Anupender vs. The State (NCT of Delhi)‘, as well as judgment dated 19.11.2019, and order on sentence dated 22.11.2019 passed by the learned Metropolitan Magistrate, Signature Not Verified CRL.REV.P.739/2024 Page 1 of 13 Digitally Signed By:ZEENAT PRAVEEN Signing Date:28.02.2025 18:19:52 South West District, Dwarka Courts, Delhi [hereafter ‗the Trial Court‘] in case arising out of FIR No. 956/2015, registered at Police Station Vikaspuri, Delhi on 06.10.2015, for offence punishable under Sections 354/509 of the Indian Penal Code, 1860 [hereafter ‗IPC‘] . 2. Briefly stated, the facts of the present case are that on 06.10.2015 at around 2:30 pm, the complainant had boarded a bus vide route No. 817 from Khaira Mor to District Centre. It is alleged that when the bus had reached Dausa stand, the petitioner herein had boarded the bus. The complainant was sitting on the ladies seat inside the bus and the petitioner had sit just on the right side of the complainant, on men‘s seat