SHAMBHU KUMAR RAI vs STATE

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 10.02.2026 Judgment pronounced on: 18.02.2026 CRL.A. 1064/2018 SHAMBHU KUMAR RAI .....Appellant Through: Mr. Ram Ekbal Roy with Mr. Aman Nihal, Mr. Jagdesh Parshad and Mr. Sunil Kumar Jha, Advocates. Versus STATE .....Respondent Through: Mr. Pradeep Gahalot, APP for the State with SI Arpit Gill, PS Daryaganj. Mr. Mohit Gupta, Advocate (Amicus Curiae). CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. This appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (the Cr.P.C.) has been filed by the sole accused in SC No. 27987 of 2016 on the file of the Additional Sessions Judge, 2. The prosecution case is that the accused on 19.11.2014, kidnapped PW3, a minor girl aged 16 years out of the keeping of her lawful guardianship and in the intervening night of 19.11.2014 and 20.11.2014, raped her at House number X-2173, Ground floor, Ragbirpura, Budhubazar, Gandhinagar, Delhi and thereby committed the offences punishable under Sections 363 and 376 IPC, as well as Section 4 of the PoCSO Act. 3. On the basis of Ext. PW1/A FIS of PW1, given on 20.11.2014, Crime No. 668/2014, Cent