RAMPHAL vs STATE OF NCT OF DELHI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 06.10.2025 Pronounced on : 27.10.2025 + CRL.A. 820/2017 RAMPHAL .....Appellant Through: Mr. Sundeep Sehgal, Advocate. versus STATE OF NCT OF DELHI .....Respondent Through: Ms. Shubhi Gupta, APP for State with SI Sachin Kumar, P.S. Kalkaji. New Delhi. Mr. Abhimanyu Singh, Amicus Curiae (pro bono) for victim. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. By way of the present appeal filed under Section 374 Cr.P.C., the appellant seeks to assail the judgment of conviction dated 05.08.2017 and the order on sentence dated 10.08.2017 passed by the learned ASJ, SFTC, Saket Courts, New Delhi, in SC No. 62/2017 arising out of FIR No. 892/2014 registered under Section 354A IPC at P.S. Kalkaji. Vide the impugned order on sentence, the appellant was directed to undergo RI for a period of 2 years alongwith payment of a fine of Rs.25,000/-, and in default thereof to undergo SI for 4 months, for the offence punishable under Section 354 IPC. The benefit under Section 428 Cr.P.C. was extended to the appellant. Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI CRL.A. 820/2017 Page 1 of 14 Signing Date:27.10.2025 21:51:56 2. The prosecution case, as emerging from the statements of the prosecutrix, is that she is a visually impaired woman, aged about 50 years, who had been living for the past 15-16 years near the Kalkaji temple. On the intervening night of 28/29.09.2014, at about 12:00 midnight, during the period of Navratri, there was a heavy rush of devotees in and around the temple premises. The prosecutrix, along with her daughter, went to dharamshala no. 7 and spread her jute bag in front of its gate to sleep. The appellant, who ran a flower shop nearby, advised her to sleep inside the dharamshala since de