PC vs STATE OF NCT OF DELHI & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 13.05.2025 + CRL.M.C. 1375/2025 PC .....Petitioner Through: Ms. Jyoti Nambiar & Mr. Kunal Narwal, Advs. versus STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Rajkumar, APP for the State along with SI Ekta Yadav. CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA JUDGMENT DR. SWARANA KANTA SHARMA, J 1. By way of the present petition, the petitioner seeks setting aside of the order dated 13.12.2024 [hereafter „impugned order‟], passed by the learned Additional Sessions Judge (FTSC) (POCSO)- 03, South West, Dwarka Courts, Delhi, [hereafter „Trial Court‟] in SC No. 682/2022, titled as „State of NCT of Delhi v. Vinay Malhotra‟, by way of which the learned Trial Court was pleased to close the evidence of the petitioner-victim. 2. Briefly stated, the petitioner-victim had filed a complaint on the basis of which FIR No. 290/2022, dated 28.06.2022 at Police Signature Not Verified CRL.M.C. 1375/2025 Page 1 of 12 Digitally Signed By:ZEENAT PRAVEEN Signing Date:14.05.2025 17:54:56 Station Dwarka, Delhi, for offence punishable under Sections 328/376/384/506 of Indian Penal Code, 1860 [hereafter „IPC‟], with later addition of Sections 379/384/506 of IPC and Section 8 of the Protection of Children from Sexual Offences Act, 2012 [hereafter „POCSO Act‟]. The learned Trial Court had passed an order on charge on 01.12.2023, directing framing of charge. The victim‟s examination-in-chief was recorded on 03.02.2024 and she was partly cross-examined on 24.02.2024. On 20.03.2024, charges under Sections 5(1) and 5(p) read with Section 6 of the POCSO Act were added under Section 216 of Cr.P.C. against the accused, based on specific allegations of penetrative sexual assault made by the victim during her examination-in-