STATE vs IRFAN

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 17th March, 2026 Date of Decision: 24th April, 2026 Uploaded on: 24th April, 2026 + CRL.A. 64/2014 STATE .....Appellant Through: Mr. Aashneet Singh, APP for State. Insp. Rishikesh Meena, SI Ankit Sharma and SI Kiran Yadav, P.S. Fatehpur Beri. versus IRFAN .....Respondent Through: Mr. S. K. Rai, Ms. Rupam Kumari and Mr. Max Croson, Advs. with Respondent-in-person. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN JUDGMENT MADHU JAIN, J. BACKGROUND: 1. The present appeal has been filed under Section 378 (3) read with Section 482 Code of Criminal Procedure, 1973 (hereinafter ‘Cr.P.C.’) assailing the impugned judgment dated 6th December, 2012 passed by Ld. ASJ- 01(South), Saket District, New Delhi whereby, the Respondent herein has been acquitted in Session Case No. 25/11 arising out of FIR No. 06/11 registered at P.S. Fatehpur Beri, for offences punishable under Sections 363/376 of the Indian Penal Code, 1860 (hereinafter ‘IPC’). BRIEF FACTS: 2. The present case arises out of an incident that occurred in the Signature Not Verified Signed By:RENUKA NEGI CRL.A. 64/2014 Page 1 of 41 Signing Date:24.04.2026 19:48:03 intervening night of 11-12th January, 2011 at about 1:30 AM. The allegations are that the prosecutrix woke up to attend the call of nature and, while returning to her house, the Accused/Respondent Irfan, a resident of the same neighbourhood, suddenly approached her and gagged her by placing his hand over her mouth. He thereafter lifted her and took her to his room, where he removed her pyjama and undergarments and unzipped his trousers and committed rape upon her. After the commission of the offence, the Accused/Respondent fled from the spot. The prosecutrix then put on her clothes and raised an alarm, upon w