LOKESH KUMAR CHOUBEY vs STATE (GOVT. OF NCT OF DELHI)

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 16.02.2026 Judgment pronounced on: 19.02.2026 + CRL.A. 205/2017 LOKESH KUMAR CHOUBEY .....Appellant Through: Mr. Manan Kumar Mishra Sr. Advocate with Mr. Anjali Kumar Mishra, Ms. Anjul Dwivedi and Ms. Hardeep Kaur Mishra, Advocates Versus STATE (GOVT. OF NCT OF DELHI) .....Respondent Through: Mr. Utkarsh. APP for State CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. In this appeal filed under Section 374 of the Criminal Procedure Code, 1973 (the Cr.P.C.), the sole accused in Sessions Case No.95/2014 on the file of the Additional Sessions Judge (Special, Fast Track Court-1), West, Tis Hazari Courts, Delhi, challenges the judgement dated 23.01.2017 and order on sentence CRL.A. 205/2017 Page 1 of 24 Signature Not Verified Signed By:KOMAL DHAWAN Signing Date:20.02.2026 11:57:44 dated 28.01.2017, as per which he has been convicted and sentenced for the offence punishable under Section 376 of the Indian Penal Code, 1860 (the IPC). 2. The prosecution case is that on 01.08.2012, the accused served a soft drink laced with some intoxicant to PW1 and committed rape upon herand thereafter continued to subject her to sexual intercourse for a period of about one year under thefalse promise of marriage. Hence, as per the chargesheet/final report dated 27.05.2014, the accused is alleged to have committed the offences punishable under Sections 376 and Section 328IPC. 3. Based on Exhibit PW1/A FIS of PW1 dated 18.06.2013, Crime no.312/2013, Uttam Nagar, Police Station, i.e., Exhibit PW9/A FIR, was registered by PW9, Head Constable. PW14, Inspector, conducted investigation into the crime and on completion of the same, submitted the chargesheet/final report dated 27.05.2014 before the t