STATE NCT OF DELHI vs KRISHNA PANDEY

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 04.09.2025 Pronounced on : 08.09.2025 + CRL.A. 952/2016 STATE NCT OF DELHI .....Appellant Through: Mr. Pradeep Gahalot, APP for State with SI Dinesh Kumar P.S. Nand Nagri, Delhi. Versus KRISHNA PANDEY .....Respondent Through: Mr. L.B. Rai and Mr. Kartik, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. By way of the present appeal filed under Section 378 Cr.P.C., the appellant/State seeks to assail the judgment of acquittal dated 01.06.2013 passed by the learned Additional Sessions Judge-01, North East, Karkardooma Courts, Delhi in SC No. 04/2011 arising out of FIR No. 212/2010 registered under Section 376 IPC at P.S. Nand Nagri, whereby the respondent was acquitted of all charges. Notably, the leave to appeal was granted vide order dated 04.10.2016. 2. The facts, in brief, as noted by the Trial Court, are extracted hereunder:- “In nutshell, case of prosecution is that on 23.10.2010 a DD No.7-A was recorded at police station Nand Nagri regarding a quarrel at XXX. Copy of DD No.7-A was assigned to W-ASI Kusumlata. On receipt of DD, W-ASI Kusumlata had reached at the spot i.e XXX and found a quarrel between parents of the victim and father of accused was going on and father of Signature Not Verified Digitally Signed CRL.A. No. 952/2016 Page 1 of 10 By:GAUTAM ASWAL Signing Date:09.09.2025 12:38:27 victim had told her about the wrong act done by accused with the victim on 22.10.2010. W-ASI had recorded the statement of father of victim Ex.PW2/A and had got the victim medically examined at GTB Hospital vide MLC Ex.PW11/A. W-ASI Kusumlata had put her endorsement on the statement of father of victim vide Ex.PW12/A and got the present case registered vide FIR Ex.PW1/B. Accordingly, FIR No. 212/2010 u/s