SHAMSHED AHMED vs STATE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of reserving Judgment: 12th January, 2026 Date of decision: 10th April, 2026 IN THE MATTER OF: + CRL.A. 564/2009 SHAMSHAD AHMED .....Appellant Through: Mr. Lalit Besoya, Ms. Mehak Kalra, Mr. Kumar Gaurav and Mr. Raj Kumar, Advs. versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Yudhvir Singh Chauhan, APP for State with SI Mitthan Lal, PS Sarita Vihar. CORAM: HON'BLE MR. JUSTICE VIMAL KUMAR YADAV JUDGMENT VIMAL KUMAR YADAV, J. 1. Instant case is full of unusual conduct and circumstances right from the very inception. The victim was allegedly kidnapped by the Appellant in a TSR and travelled for quite some distance uninterrupted, unhindered and unchecked for about 1½ hours. The incident took place on 20.07.2005 and in summer time the movement of the people starts early in the morning therefore, every reason was there to find people on the road while the Appellant was taking the victim towards Narela from the area of Shaheen Bagh. Alike the prosecutrix, other students of school and their parents must have been there. Secondly, it is equally strange that the victim was confined in a room where barely only a cot could be adjusted, indicating that the Signature Not Verified Signed By:ASHOK CRL.A. 564/2009 Page 1 of 11 KUMAR CHOUHAN Signing Date:13.04.2026 17:22:40 persons occupying the room i.e. the Appellant and the victim were bound to go outside the room for nothing else than to answer the nature’s call etc. In the aforesaid two scenarios, the victim had sufficient opportunity initially to raise alarm to avoid her kidnapping and the ordeal which followed, but for some unknown reason no such attempt, leave alone an effort, was even made. Then she could have seized some opportunity during the travel in TSR, which lasted