XXX vs STATE (NCT OF DELHI)

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 20.01.2026 Judgment pronounced on: 23.01.2026 + CRL.A. 313/2023 XXX .....Appellant Through: Mr. Nitin Saluja and Ms. Kanishka Bhati, Advocates (DHCLSC) versus STATE (NCT OF DELHI) .....Respondent Through: Mr. Utkarsh, APP for the State. SI Vikram Singh, P.S. Welcome. Mr. Himanshu Anand Gupta and Mr. Karan Jain, Advocates for Victim. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. In this appeal filed under Section 374(2) read with Section 482 of the Code of Criminal Procedure, 1908, (the Cr.PC) the appellant, the sole accused, in SC No. 424 of 2021 on the file of the Sessions Court, Karkardooma Courts, Delhi, assails the judgment dated 30.11.2022 as per which he has been convicted and sentenced for the offence punishable under Section 376 (2)(f) of the Indian Penal Code, 1860 (the IPC). Signature Not Verified CRL.A. 313/2023 Page 1 of 30 Signed By:KOMAL DHAWAN Signing Date:24.01.2026 14:50:34 2. The prosecution case is that on 16.03.2021 at about 1:00 PM at H.No. 101, G-Block Gali No.1, Janta Majdoor Colony, New Delhi, the appellant/accused in a drunken state, forcibly removed the clothes of PW1, his mother, and committed digital rape on her. Hence, as per the final report/chargesheet, the accused is alleged to have committed the offences punishable under Sections 323 and 376 IPC. 3. On the basis of Ext. PW1/A FIS of PW1, given on 16.03.2021, Crime No. 146/2021, Welcome Police station, that is, Ext. PW11/A, FIR was registered by PW11, Additional Sub- Inspector (ASI). PW18, Sub-Inspector conducted investigation into the crime and on completion of the same, filed the charge- sheet/final report dated 12.05.2021 alleging commission of offences punishable under the aforem