STATE (NCT OF DELHI) vs BHEEM KUMAR JAISWAL

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 27.10.2025 Pronounced on : 28.10.2025 + CRL.A. 163/2020 STATE (NCT OF DELHI) .....Appellant Through: Ms. Shubhi Gupta, APP for State with SI Mahavir, PS, DBG, Road Versus BHEEM KUMAR JAISWAL .....Respondent Through: Mr. Iqbal Shamsi, Advocate JUDGMENT 1. The present appeal has been preferred by the State against the judgment dated 22.07.2016 passed by the learned ASJ-Special FTC-2 (Central), Tis Hazari Courts in proceedings arising out of FIR No. 25/2013, P.S. DBG Road, Delhi registered under Sections 376(2)(n) IPC, whereby the respondent was acquitted. The respondent was admitted to bail by this Court vide order dated 11.02.2020. 2. Learned APP for the State, submits that the Trial Court has erred in acquitting the respondent. It is contended that the respondent committed rape upon the prosecutrix on multiple occasions on false pretext of marriage. He had taken her to Ayodhya where he put ‘sindoor‟ in her „Maang‟, however, the marriage was not proper as per Hindu rights and rituals. He also assured the prosecutrix of court marriage, despite already being married. Signature Not Verified Signed By:NIJAMUDDEEN ANSARI CRL.A. 163/2020 Page 1 of 7 Signing Date:28.10.2025 17:35:20 3. Learned counsel for the respondent, on the other hand, supports the impugned judgment and contends that the testimony of the prosecutrix is riddled with material contradictions and falsities and the case of the prosecution was not established beyond reasonable doubt. 4. The case of the prosecution, before the Trial Court, was that the prosecutrix, who was widowed in the year 2002, came to be acquainted with the respondent through her nephew ‘A’. The respondent got her employed at PMS Company where he himself was working. As can be culled o