THE STATE (GNCT OF DELHI) vs SHUBHAM GUPTA & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 27.10.2025 Judgment delivered on: 11.11.2025 + CRL.L.P. 394/2023 & CRL.M.A. 20721/2023 THE STATE (GNCT OF DELHI) .....Petitioner versus SHUBHAM GUPTA & ANR. .....Respondents Memo of Appearance For the Appellant: Mr. Ritesh Bahri, APP with Ms. Divya Yadav and Mr. Vinesh Kumar, Advocates For the Respondents: Mr. K.K. Manan and Mr. R.S. Malik Senior Advocates with Ms. Uditi, Mr. Karmanya Singh, Mr. Lavish Chandra, Ms. Rakshi, Ms. Tanya Tyagi, Ms. Shivani Varun, Ms. Nirali Vashisht, Ms. Sajili, Mr. Angad Singh, Mr. Shashank and Ms. Savita Seth, Advocates. for R-1 Mr. N. Hariharan, Senior Advocate with Mr. Rajeev Mohan, Mr. Nishant Madan, Mr. Shivender Gupta, Ms. Punya Rekha Angara, Mr. Aman Akhtar, Ms. Vasundhara N. Ms. Bana Singh, Ms. Vasundhara Raj Tyagi, Mr. Aijan Singh Mandla & Ms. Gauri Ramachandran, Advocates for R-2 CORAM: HON'BLE MR. JUSTICE VIVEK CHAUDHARY HON'BLE MR. JUSTICE MANOJ JAIN JUDGMENT 1. A petition seeking leave to appeal has been filed under Section 378 Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.) by the State. 2. It needs to be seen whether delay in filing the same can be condoned or not; and if yes, whether leave needs to be given or not. CRL.L.P. 394/2023 Page 1 of 17 Signature Not Verified Digitally Signed By:SONIA THAPLIYAL Signing Date:11.11.2025 18:04:09 3. Since the case pertains to sexual assault upon a minor girl and her murder, she would be referred to as „S‟ in the present order. „S‟ had one friend who was also minor and he shall be referred to as „N‟. 4. Incident is of 20th December, 2016. 5. At about 9.25 PM, police received information from Ayushman Hospital, Dwarka that a girl („S‟) had been „brought dead‟ at their hospital and that her death was d