STATE vs YASIR ALI

Judgment text excerpt

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 23.01.2025 + CRL.L.P. 343/2022 STATE .....Petitioner Through: Mr. Aashneet Singh, APP with WSI Anita Kumari, PS Jama Masjid versus YASIR ALI .....Respondent Through: Mr. Sudershan Ranjan, JS Kalra, Advs. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH : JASMEET SINGH, J (ORAL) 1. This is an application seeking leave to appeal to challenge the judgment dated 29.09.2021 passed by the learned Additional Sessions Judge (FTSC), (RC) Central District, Tis Hazari Court, Delhi, in Case No. 307/2018 titled “State vs. Yasir Ali” in FIR No. 91/2018 dated 31.08.2018 registered at PS Jama Masjid, Central Delhi under Section 376 of the Indian Penal Code, 1860 (“IPC”). FACTUAL BACKGROUND 2. As per the prosecution, on 31.08.2018, at about 4 PM, the prosecutrix visited the shop of the respondent/accused for purchasing clothes for her children. At the shop, suddenly her health deteriorated and she requested the respondent for water. After drinking the water, she Digitally Signed CRL.L.P. 343/2022 Page 1 of 15 By:MAYANK Signing Date:03.02.2025 19:32:29 started feeling dizzy. The respondent took her towards the back side of his shop and told her that there is a fan and she would be comfortable by taking some rest. It is alleged by the petitioner that the respondent removed her clothes and put his finger in her private part and made her to lie on a bedsheet and raped her. The petitioner on regaining consciousness questioned the respondent as to what he has done with her. At this, the respondent offered her to take any cloth piece from his shop without making any payment. The petitioner, after wearing her clothes, went to the police station and lodged an FIR against the respondent. 3. After completion of investigation, a charge sheet