SHAMBHU KUMAR RAI vs STATE

Judgment text excerpt

* 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, Signature Not Verified CRL.A. 1064/2018 Page 1 of 17 Signed By:KOMAL DHAWAN Signing Date:20.02.2026 12:03:40 Tis Hazari Courts, Delhi, assailing the judgment dated 10.08.2018 as per which he has been convicted and sentenced for the offences punishable under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (PoCSO) and Section 376 (2) (i) of the Indian Penal Code, 1860 (the IPC). 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, Central Delhi Police Station, that is Ext. PW2/A FIR was registered by PW2, Sub-Inspector (SI). PW17, Sub-Inspector conducted investigation into the crime and upon completion of the same filed the ch