GOVT OF NCT OF DELHI AND ORS vs SATYAPAL SINGH YADAV

Judgment text excerpt

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12533/2024 & CM APPL. 52124/2024 GOVT OF NCT OF DELHI AND ORS .....Petitioners Through: Ms. Rupali Bandhopadhyaya, CGSC with Mr. Abhijeet Kumar and Mr. Sourabh, Advs. versus SATYAPAL SINGH YADAV .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 28.01.2025 C. HARI SHANKAR, J. 1. FIR 562/2014 was registered against the respondent who, at that time, was working as Constable in the Delhi Police, on 29 September 2014 at PS Mukherjee Nagar, under Section 354 of the Indian Penal Code 18601. The FIR was based on a complaint made by one Ms. G2. G complained that the respondent had, on 2 June 2014, sexually assaulted her while she was taking a walk and that another girl S 3 also levelled the same allegation. 1 IPC 2 The name of the complainant has been withheld 3 The name of the complainant has been withheld W.P.(C) 12533/2024 Page 1 of 13 Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:29.01.2025 18:18:19 2. Criminal proceedings were initiated against the respondent, before the learned Metropolitan Magistrate4, following the lodging of the aforesaid FIR. The criminal proceedings concluded with the acquittal of the respondent by the learned MM on 13 November 2014. Paras 7 and 8 of the judgment of the learned MM read thus: “7. Perusal of entire evidence reveals that complainant/victims friend of the complainant, neighbour of complainant as well as other eye witnesses has not supported the case of the prosecution and categorically denied that accused committed any offending act with the victim/complainant. In such kind of cases, evidence of the complainant/victim is the best available evidence and the case can be proved beyond reasonable do