NAGINA @ BILLO vs THE STATE OF DELHI & ANR

Judgment text excerpt

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 28.01.2025 + CRL.L.P. 345/2018 & CRL.M.A. 9666/2018 NAGINA @ BILLO .....Petitioner Through: Mr Hamid Ali, Adv. versus THE STATE OF DELHI & ANR .....Respondents Through: Mr Raj Kumar, APP for State W/SI Promila Malik, PS-V.K. South SI Lal Chand, PS-V.K. South Mr Rohit Mehla, Adv. for R-2 (through VC) CORAM: HON'BLE MR. JUSTICE JASMEET SINGH : JASMEET SINGH, J (ORAL) 1. This is an application seeking leave to appeal to challenge the judgement dated 31.03.2018 passed by the learned Additional Sessions Judge, Patiala House Court, New Delhi in SC No. 8651/2016 titled as “State v. Rizwan Khan” arising out of FIR No. 61/2016 registered at PS Vasant Kunj (South), New Delhi wherein the learned Trial Court acquitted the respondent No. 2 under sections 376/506 of Indian Penal Code, 1860 (“IPC”) and proceedings under section 344 of CrPC were initiated against the petitioner. FACTUAL BACKGROUND 2. The brief facts of the case are that the petitioner along with her husband and three children resides in Kale Ki jhuggi at Inder Camp, Khohi, Digitally Signed CRL.L.P. 345/2018 Page 1 of 13 By:MAYANK Signing Date:10.02.2025 10:26:53 near Milkpur Mandir, Rangpuri Pahari, New Delhi and does the work of housekeeping at the airport. On 04.12.2015, while she was returning from her duty at about 9:30 AM, the respondent No. 2 who resides along with his family at Hoti Camp, Rangpuri and was known to her, told her to meet him in the evening of the same day at Nangal Devat where he puts up a rehri of groundnuts and also threatened her that in case she does not, he will abduct her. She, scared by the threats given by him, went to meet him at about 8:30 PM and then the respondent No. 2 forcibly took her to DDA Park nearby and committed r