STATE OF NCT OF DELHI vs NASEEM

Judgment text excerpt

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 28th January, 2026 Uploaded on: 31st January, 2026 + CRL.A. 565/2018 STATE OF NCT OF DELHI .....Appellant Through: Mr. Ritesh Kumar Bahri, APP with Ms. Divya Yadav, Adv. versus NASEEM .....Respondent Through: Petitioner in person. Mr. Badrinath, Adv. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. The present appeal has been filed by the Appellant - State of NCT of Delhi under Section 378 of the Code of Criminal Procedure, 1973 (hereinafter, ‘CrPC’) assailing the judgment dated 17th September, 2016 (hereinafter, ‘impugned judgment’) passed by the ld. Additional Sessions Judge-01, South West District, Dwarka Courts, New Delhi in SC No.63/2/2013. Facts: 3. The present case arises out of FIR No. 61/2013 registered at PS Najafgarh for offences under Sections 376/506 of the Indian Penal Code, 1860 (hereinafter, ‘IPC’) and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter, ‘POCSO’). Signature Not Verified Signed By:RENUKA CRL.A. 565/2018 Page 1 of 8 NEGI Signing Date:31.01.2026 12:13:30 4. The allegations against the Respondent- Naseem i.e., Accused person was that the Respondent had repeated physical relations with the Prosecutrix without her consent. 5. The facts of the present case are that since 2011-12, the Respondent used to live as a tenant in one of the rooms in the premises of the Prosecutrix. It is alleged by the Prosecutrix that during the tenancy, the Respondent maintained physical relations with the Prosecutrix without her consent. Thereafter, there was some dispute between the Respondent and the family of the Prosecutrix in respect of the rent. The Respondent had even moved out o