NARESH KUMAR vs STATE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 18.11.2025 Pronounced on : 19.11.2025 Uploaded on : 19.11.2025 + CRL.A. 733/2018 NARESH KUMAR .....Appellant Through: Mr.Mohd. Shamikh, Advocate versus STATE .....Respondent Through: Mr. Pradeep Gahalot, APP for State with SI Komal, P.S. Aman Vihar. Mr. Aniruddha Ghosh, Advocate (Amicus Curiae) for victim. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. Aggrieved by the judgment of conviction dated 05.06.2018, and the order on sentence dated 07.06.2018, passed by Additional Sessions Judge, Special Fast Track Court, North- West, Rohini, Delhi in SC No. 107/2015, the appellant has challenged the same by filing the present appeal. The appellant was convicted for the offence under Section 376 IPC and sentenced to undergo RI for 07 years along with a fine of Rs.5,000/- and in default thereof, he was to undergo SI for period of 6 months. The benefit of Section 428 Cr.P.C was given to the appellant. Appellant’s sentence was suspended by this Court vide order dated 28.11.2018. Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI CRL.A. 733/2018 Page 1 of 13 Signing Date:19.11.2025 20:43:17 2. The investigation was set in motion with receipt of DD No. 55A on 01.02.2013 at 11:15 P.M., recording the information received via intercom that a lady caller was stating that, she had locked two people in her house who had committed galat kaam with her. Her phone number was recorded as ‘xxxxxx9021’. The prosecutrix was brought to Police Post Prem Nagar. Her medical examination was conducted and thereafter her statement under section 161 CrPC was recorded. The prosecutrix stated therein, that on 01.02.2013 at around 9:30 pm, she had gone to a nearby shop for recharging her mobile. Her husband was on night duty, her