STATE GOVT OF NCT OF DELHI vs AJAY KUMAR YADAV

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 22.09.2025 Judgment delivered on: 15.10.2025 + CRL.A. 1083/2017 STATE GOVT OF NCT OF DELHI .....Appellant versus AJAY KUMAR YADAV .....Respondent Memo of Appearance For the Appellant: Mr. Nawal Kishore Jha, APP for the State and SI Charu Saini, PS Aman Vihar. For the Respondent: Mr. Jatin Rajput, Mr. Rajesh Kumar Jha, Mr. Varun Panwar and Mr. Sandeep Kumar, Advs. CORAM: HON'BLE MR. JUSTICE VIVEK CHAUDHARY HON'BLE MR. JUSTICE MANOJ JAIN JUDGMENT 1. State takes exception to judgement dated 02.06.2016 whereby respondent has been acquitted of charges under Sections 363, 366, 376 of IPC and Section 4 of Protection of Children from Sexual Offences Act, 2012 (in short POCSO). 2. Since matter pertains to a sexual assault committed, allegedly, upon a minor girl, she would be referred to as ‘Miss A’ in the present judgment. CRL.A. 1083/2017 Page 1 of 12 Signature Not Verified Digitally Signed By:SONIA THAPLIYAL Signing Date:15.10.2025 16:11:08 3. Briefly stated, the case of the prosecution is that Miss A, aged 13 years, went missing on 30.12.2014. On the basis of report filed by her mother (PW-7), FIR was registered, same day, by PS Aman Vihar. 4. On 03.01.2015, PW7 produced her said daughter before the police and alleged that she had been kidnapped and sexually assaulted by the respondent-accused. 5. Police swung into action. 6. It recorded her statement under section 161 Cr.P.C., in which she claimed that accused had called her on 23.12.2014 on a false pretext and made forcible physical relation with her and, later, he took her to his village in a bus where they stayed there for 2-3 days. According to her, she was enticed away by the accused on the pretext that he would marry her. 7. However, when she was produce