STATE vs SUBHASH CHANDRA LUTHRA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of order: 6th March, 2025 + CRL.A. 95/2012 STATE .....Appellant Through: Ms. Priyanka Dalal, APP for the State with SI Mohit Verma, P.S. Parliament Street versus SUBHASH CHANDRA LUTHRA .....Respondent Through: Mr. S. C. Sagar, Mr. Naeem Ahmed, Mr. Shishu Pal Sharma and Ms. Swati, Advocates CORAM: HON'BLE MR. JUSTICE CHANDRA DHARI SINGH ORDER CHANDRA DHARI SINGH, J (Oral) 1. The instant appeal under Section 378(1)(b) of the Code of Criminal Procedure, 1973 (hereinafter “Code”) [now under Section 419(1)(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter “BNSS”)] has been filed on behalf of the appellant seeking the following reliefs: “A) Set aside the judgment/order dated 10.12.09 passed by the Ms. Gitanjali Goel Ld. Metropolitan Magistrate, Mahila Court, New Delhi and the accused/ respondent be convicted for the offences committed u/s 354/509 IPC arising out of FIR No. 37/07, P.S Parliament Street, New Delhi. B) The Complete record be kindly called from the Id. Trial Signature Not Verified Digitally Signed CRL.A. 95/2012 Page 1 of 12 By:GAURAV SHARMA Signing Date:25.03.2025 18:23:43 Court. C) Pass any other order(s) which may be deemed fit and proper in the given facts and circumstances of the case.” 2. The brief facts of the case, as per the prosecution, are that the accused is a Personal Assistant working in the Hindi Section with the complainant, who is an Assistant Director in the Office of Ministry of Coal, Shastri Bhawan. On 3rd March, 2007, at about 3:47 PM, the accused allegedly assaulted the complainant by touching her inappropriately and used criminal force with the intention of outraging her modesty. It is further alleged that he broke the thumb of her left hand and used filthy and abusive language