STATE vs SHIVJI

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 25.02.2025 + CRL.L.P. 157/2019 STATE .....Petitioner Through: Mr. Naresh Kumar Chahar, APP for the State. versus SHIVJI .....Respondent Through: None CORAM: HON'BLE MS. JUSTICE SWARANA KANTA SHARMA JUDGMENT SWARANA KANTA SHARMA, J 1. The State has preferred this petition under Section 378 of the Code of Criminal Procedure, 1973 [hereafter „Cr.P.C.‟] seeking leave to appeal against the judgment dated 23.10.2018 [hereafter „impugned judgment‟] passed by the learned Additional Sessions Judge-01, Special Court, POCSO (North-West District), Rohini Courts, Delhi [hereafter „Trial Court‟] in case arising out of FIR No. 607/2014, registered at Police Station (PS) Shalimar Bagh, Delhi, for offence punishable under Sections 377/34 of the Indian Penal Code, 1860 [hereafter „IPC‟] and Section 6 of the Protection of Children from Sexual Offences Act, 2012 [hereafter „POCSO Act‟]. 2. The case of the prosecution, in brief, is that upon receipt of a PCR call, DD No. 39A dated 27.06.2014 was recorded regarding a Signature Not Verified CRL.L.P. 157/2019 Page 1 of 12 Digitally Signed By:ZEENAT PRAVEEN Signing Date:01.03.2025 13:23:14 quarrel at Jhuggi No. 11B, Haiderpur Lohiya Camp, Ambedkar Nagar, Delhi. The matter was assigned to ASI Ranvir Singh, who had reached the spot, but found that the persons involved in the quarrel had already been taken to BJRM Hospital in a PCR van. The Investigating Officer (I.O.) had then proceeded to the hospital, where it was ascertained that the minor victim „N‟ had been medically examined, wherein he had disclosed history of alleged sexual assault by two individuals a few days prior. The I.O. had also found that the one Shivji had been medically examined separately in connection with t