STATE ( GNCT OF DELHI) vs BAL CHAND

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 28.10.2025 Pronounced on : 29.10.2025 + CRL.A. 1201/2024 STATE ( GNCT OF DELHI) .....Appellant Through: Ms. Shubhi Gupta. APP for State with SI Kavita Bhardwaj, PS Shalimar Bagh versus BAL CHAND .....Respondent Through: Mr. Neeraj Kumar, (DHCLSC), Mr. Samarth Vikram Singh and Mr. Harsh Saini, Advs. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present appeal has been preferred by the State against the judgment dated 01.12.2018 passed by the learned ASJ-01, Special Court, POCSO, North-West, Rohini District Courts, Delhi in proceedings arising out of FIR No. 388/16, P.S. Shalimar Bagh registered under Sections 376/506 IPC and section 6 POCSO Act, whereby the respondent was acquitted. This Court, vide order dated 11.12.2024, while allowing the leave to appeal petition of the State, directed the respondent to furnish fresh bail bond with surety. 2. Learned APP for the State, submits that the Trial Court has erred in Signature Not Verified Digitally Signed CRL.A. 1201/2024 Page 1 of 9 By:NIJAMUDDEE N ANSARI acquitting the respondent. It is contended that the respondent dragged the victim into his jhuggi and thereafter inserted his finger in her vagina. The prosecutrix reiterated allegations made in the F.I.R when her statement under Section 164 CrPC was recorded as well as at the time of the deposition. It is submitted that the contradictions, if any, in the testimonies of the witnesses are trivial in nature and do not weaken the prosecution case. 3. Learned counsel for the respondent, on the other hand, supports the impugned judgment and contends that the testimony of the child victim and her father differs on numerous material aspects. It is further submitted that there were quarrels between the respon