ARJUN vs STATE (NCT OF DELHI)

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 12.09.2025 Pronounced on : 16.09.2025 + CRL.A. 1004/2018 ARJUN .....Appellant Through: Mr. Sharan Mehta, Advocate versus STATE (NCT OF DELHI) .....Respondent Through: Ms. Shubhi Gupta, APP for State Dr. M.P. Singh, Advocate (Amicus Curiae) for victim. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. By way of the present appeal, the appellant seeks to assail the judgement of conviction dated 23.01.2018 and order on sentence dated 30.01.2018, vide which he has been directed to undergo RI for a period of 3 years alongwith payment of fine of Rs.5,000/-, and in default thereof to undergo SI for 6 months, for the offence punishable under Section 376 IPC. The benefit of Section 428 Cr.P.C. was also provided to the appellant. 2. The facts in a nutshell are that on the intervening night of 24- 25.03.2013 at about 01:40 (midnight), the mother of the victim came to P.S. Gulabi Bagh and lodged a complaint of her minor daughter having gone missing. The complainant alleged that on 24.03.2013, her daughter had left the house without informing anyone and despite search, she could not be Signature Not Verified Digitally Signed CRL.A. 1004/2018 Page 1 of 8 By:GAUTAM ASWAL Signing Date:16.09.2025 18:18:02 traced. On this complaint, a case under Section 363 IPC came to be registered. On 30.03.2013, the missing girl came to the P.S. on her own and got her statement recorded to the effect that on 24.03.2013, she along with one Pavan Pal @ Ashutosh (the co-accused, who had faced trial and was acquitted) had gone to the house of one Vicky @ Rakesh, a friend of Pavan Pal’s. On the next day, she along with Pavan Pal had gone to Kashmere Gate and then to Ghaziabad, where a priest had solemnized their marriage. Thereafter, they both