STATE vs FIRASUL NABI

Judgment text excerpt

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 11.03.2025 + CRL.L.P. 446/2022 & CRL.M.A. 18500/2022 STATE .....Petitioner Through: Mr. Aashneet Singh, APP versus FIRASUL NABI .....Respondent Through: CORAM: HON'BLE MR. JUSTICE JASMEET SINGH : JASMEET SINGH, J (ORAL) 1. This is a petition seeking leave to appeal against the judgment dated 10.01.2020 passed by learned ASJ-06, (POCSO Act), South-East, Saket, New Delhi in SC 1883/16 titled as “State vs. Firasul Nabi” arising out of FIR No. 151/13 wherein the learned Trial Court acquitted the respondent for the offences under section 341/392/354/506 of IPC and section 12 of POCSO Act. 2. Brief facts are that on 18.04.2013 at about 06.00 AM on way to school Sarvodya Kanya Vidyalaya, Sarita Vihar, respondent wrongfully restrained prosecutrix (a minor girl aged around 15 years) by stopping her from proceeding and thereafter the respondent committed robbery of gold ear-ring which she was wearing after giving threats to the prosecutrix. It is Digitally Signed CRL.L.P. 446/2022 Page 1 of 12 By:MAYANK Signing Date:28.03.2025 12:41:21 further alleged that the respondent also committed sexual harassment with sexual intent with the prosecutrix by catching hold of her hand, making obscene gestures and passing obscene comments. The allegations against the respondent are also that on the above-said date at about 10.00 PM in the night at B-500 Makki Masjid, Madanpur Khadar, New Delhi, the respondent criminally intimidated the prosecutrix with dire consequences if she would report the matter to the police. Hence the FIR. 3. After completion of investigation, a chargesheet was filed against the respondent and the charges were framed under section 341/392/354/506 of IPC and section 12 of POCSO Act on 17.07.2015. 4. The pros