HAMID RAZA vs STATE OF NCT OF DELHI

Judgment text excerpt

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 23rd September, 2025 + BAIL APPLN. 2867/2025 HAMID RAZA .....Petitioner Through: Mr.Furkan Ali Mirza, Mr. Asim Kirmani, Mr. Haris Ahmad and Mr. Abdul Wasih, Advocates. Petitioner in person on interim bail; Prosecutrix in person with her infant son. versus STATE OF NCT OF DELHI .....Respondent Through: Mr.Sanjeev Sabharwal, APP for State with ASI Rakesh. Ms. Nandita Rao, Senior Advocate (Amicus Curiae) with Mr. Amit Peswani, Advocate. Professor Faizan Mustafa, Vice Chancellor, Chanakya National Law University (Expert Islamic Law). Dr. Mohd. Khalid Khan, Dept. Of Islami Studies, Jamia Milia Islamia, New Delhi. Mr. Nehal Ahmed, Assistant Professor of Law, Woxsen University Hyderabad, Islamic Law Expert. CORAM: HON'BLE MR. JUSTICE ARUN MONGA JUDGMENT 1. Barely 14 years child herself, when the mother in her was born as the prosecutrix bore her first child, forced by the heinous sexual assault of her Signature Not Verified Signed By:AWANISH BAIL APPLN. 2867/2025 Page 1 of 31 CHANDRA MISHRA Signing Date:25.09.2025 20:26:35 stepfather, her supposed protector turned predator. Later the infant was given in adoption. Shattered, she found solace and dignity when the applicant herein accepted her as his lawful bride. Both got married on 04.06.2024 under Islamic law. The couple is now also blessed with another child born from their wedlock. Stepfather is in judicial custody and facing trial in FIR No. 513/2024 dated 13.08.2024 under Sections 376(2)(n) of IPC & 6 of POCSO Act. 2. In this backdrop, the stepfather of prosecutrix had earlier lodged an FIR against the applicant herein i.e. F.I.R. No. 390/2024 dated 15.06.2024 under Sections 363 registered at P.S. Khyala. Subsequently, Section 376 of IPC and 6 of POCSO Act