ENAMUL HAQ vs THE STATE N.C.T OF DELHI

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 01.09.2025 + CRL.REV.P. 434/2024 & CRL.M.B.545/2024 ENAMUL HAQ .....Petitioner Through: Ms. Shantha Devi Raman and Ms. Tanisha Gopal, Advs. versus THE STATE N.C.T OF DELHI .....Respondent Through: Mr. Naresh Kumar Chahar, APP for the State with SI Sumeet Poonia. CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA JUDGMENT DR. SWARANA KANTA SHARMA, J 1. The petitioner Enamul Haq was convicted for commission of the offence punishable under Sections 354/506 of the Indian Penal Code, 1860 [hereafter „IPC‟] by the learned Metropolitan Magistrate (Mahila Court-02), Shahadra, Karkardooma Courts, Delhi [hereafter „Trial Court‟] vide judgment dated 14.03.2023 and order on sentence dated 20.05.2023, in case arising out of FIR No. 522/2016, registered on 05.12.2016 at Police Station Vivek Vihar, Delhi, for commission of offence under Section 354A of the IPC. The appeal preferred by the petitioner against his conviction, being CA No. 82/2023, was also CRL.REV.P. 434/2024 Page 1 of 20 Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:01.09.2025 18:46:36 dismissed by the learned Additional Sessions Judge-04, Shahadra, Karkardooma Courts, Delhi [hereafter „Appellate Court‟] vide impugned judgment dated 28.03.2024. The petitioner has now approached this Court seeking setting aside of the judgments and orders passed by the learned Trial Court as well as the Appellate Court and prays for his acquittal in the present case. FACTUAL BACKGROUND 2. The case of the prosecution, in brief, is that the complainant had been employed as a Staff Nurse at ESI Hospital, Jhilmil, Delhi, where the petitioner/accused Enamul had also been working as a Nursing Orderly. About one month prior to the date of the incident in