STATE vs SANJAY AND ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 11th March, 2025 Pronounced on: 27th June, 2025 + CRL.A. 314/2025 STATE .....Appellant Through: Mr. Mr. Shoaib Haider Haider, Ld. APP for State. versus 1. SANJAY S/o Sh. Salik Ram R/o E-9, Swarn Park, Mundka, Delhi. 2. GEETA W/o Sanjay R/o E-9, Swarn Park, Mundka, Delhi. .....Respondents Through: Mr. Siddharth Pandit, Mr. J.K. Sharma and Mr. Vipin Kumar, Advocates. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. An Appeal under Section 378(1)(b) of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C”) has been filed on behalf of the Appellant/State to challenge the Judgment dated 26.09.2019, Signature Not Verified Signed By:RITA CRL.A. 314/2025 Page 1 of 15 SHARMA Signing Date:02.07.2025 13:46:15 whereby the Respondent No.1, Sanjay and Respondent No.2, Geeta have been acquitted for the offence under Section 376/34 Indian Penal Code, 1860 (hereinafter referred to as “IPC”) and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as “POCSO Act”) in FIR No.530/2014, P.S. Nangloi. 2. The case of the Prosecution is that a Complaint dated 03.08.2014 was made by Ms. „U‟, Mother of the Prosecutrix (Ms.„Kh‟) that her husband had gone to Rajasthan for work on 19.07.2014. The incident happened on 20.07.2014 when at about 11:00 A.M., when she went for her bath leaving her three children in the room. Upon returning, she found her eldest daughter Prosecutrix, Ms. „Kh‟ aged about six years, crying in the room. On making an enquiry, the child told her that “Uncle and Aunty” i.e. Respondent No.1 and 2 have “inserted their finger in her vagina one after the other”. When Ms. „U‟ checked, she found swelling present. She waited