SATTE GNCT DELHI vs SHIV MOHAN

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on : 17.06.2025 + CRL.L.P. 362/2018 STATE GNCT DELHI .....Petitioner versus SHIV MOHAN .....Respondent Advocates who appeared in this case: For the Petitioner : Mr. Sunil Kumar Gautam, APP for the State. SI Sadhna, PS Mangolpuri. For the Respondent : Mr. Anubhav Dubey, Mr. Sachidanand Choudhary, Mr. Sparsh Gola & Mr. Yash Narayan Trivedi, Advs. CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT 1. The present petition has been filed under Section 378 of the Code of Criminal Procedure, 1973 (‘CrPC’) seeking grant of leave to challenge the judgment dated 21.03.2018 (hereafter ‘the impugned judgment’), in Sessions Case No. 52535/2016 arising out of FIR No. 746/2015, registered at Police Station Mangolpuri, whereby the learned Trial Court acquitted the accused/ respondent for the offences under Section 376/506 of the Indian Penal Code, 1860 (‘IPC’). 2. The FIR, in the present case, was registered pursuant to a compliant made by the prosecutrix alleging that on 01.04.2015 at Signature Not Verified Signed By:KAMALDEEP KAUR CRL.L.P. 362/2018 Page 1 of 8 Signing Date:17.06.2025 17:52:37 about 7:45 a.m. she received a phone call from the accused/respondent, asking her to report to work early as other workers had also reported. 3. However, after reaching the factory she saw that no other worker had come and it was only the accused/respondent who was present, whereafter, she started doing her work. 4. It is further alleged, that after some time, the accused/respondent held the prosecutrix from behind, made her lie on the floor and allegedly committed sexual assault on her. Thereafter, the accused/respondent allegedly threatened the prosecutrix that if she discloses about the incident to anybody he will kill her family member