XXXXX vs STATE OFNCT OF DELHI & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 03.09.2025 + CRL.REV.P. 1370/2024 & CRL.M.A. 38155/2024 XXXXX .....Petitioner Through: Mr. Shekhar Nanavaty, Advocate versus STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Manoj Pant, APP for the State with Ms. Puja Mann, Advocate with W/SI Saneh, P.S. BHD Nagar. Mr. Sanjeev Kumar Anand, Mr. Vikas Kumar Bhardwaj, Mr. Harshit Anand, Advocates for R-2. CORAM: HON’BLE DR. JUSTICE SWARANA KANTA SHARMA JUDGMENT DR. SWARANA KANTA SHARMA, J 1. The petitioner, by way of this revision petition, seeks setting aside of the order dated 25.09.2024 [hereafter „impugned order‟] passed by the learned Additional Sessions Judge (FTSC)(POCSO) - 02, Dwarka Courts, Delhi [hereafter „Trial Court‟] in case arising out of FIR No. 299/2013, registered on 21.11.2013 at Police Station Baba Haridass Nagar, Delhi for commission of offence punishable under Sections 328/342/363/366/368/376 of the Indian Penal Code, 1860 CRL.REV.P. 1370/2024 Page 1 of 6 Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:08.09.2025 16:58:37 [hereafter „IPC‟] and Sections 6/12 of the Protection of Children from Sexual Offences Act, 2012 [hereafter „POCSO Act‟]. 2. Briefly stated, the case of the petitioner-prosecutrix is that on her complaint, the present FIR was registered against the accused/respondent for offences involving sexual assault, abduction, and other serious charges. Upon completion of investigation, a chargesheet was filed and the trial commenced. On 23.02.2024, more than eight months after the closure of prosecution evidence, the accused moved an application before the learned Trial Court seeking to send his mobile phone to the Forensic Science Laboratory (FSL) for examination, purportedly to verify the a