STATE vs LALIT

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 03.02.2025 + CRL.L.P. 734/2019 STATE .....Petitioner versus LALIT ..... Respondent Advocates who appeared in this case: For the Petitioner : Ajay Vikram Singh, APP for the State. SI Sangeeta, PS S.B. Dairy. For the Respondent : Mr. Akhilesh Kr. Singh, Adv. along with respondent. CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT 1. The present petition is filed seeking leave to appeal against the judgment dated 14.08.2019 (hereafter ‘impugned order) passed by the learned Additional Session Judge (‘ASJ’), Rohini Courts, Delhi in SC No. 57556/2016 whereby the respondent was acquitted in FIR No. 132/2013 of the offences under Sections 376/452/506 of the Indian Penal Code, 1860 (‘IPC’) 2. The FIR was registered on a complaint given by the prosecutrix alleging that her husband was away to the village, in the evening of 13.03.2013, the accused came to prosecutrix and closed down the shutter and dragged her in the last room of the shop and then Signature Not Verified Signed By:HARMINDER CRL.L.P. 734/2019 Page 1 of 12 KAUR Signing Date:10.02.2025 12:17:54 committed rape. It is alleged that she raised noise, however, nobody outside the shop heard her scream since the shutter was closed. 3. By the impugned order, the learned ASJ acquitted the respondent of the charged offences. The learned ASJ noted that the prosecutrix deposed that she and her husband were engaged in the business of filling of quilts and mattresses and had taken a shop on rent. It was noted that as per the deposition of the prosecutrix the respondent was a resident of the same village, and used to ‘chhedkhani’ with her. The prosecutrix deposed that she had told her husband and landlord about the same, who in turn went to the house of the accused to det