HARUN & ANR. vs STATE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 9th March, 2026 IN THE MATTER OF: + CRL.A. 126/2008 HARUN & ANRS. .....Appellants Through: Ms. Astha, Adv. (DHCLSC) with Ms. Megha Singh, Adv. versus STATE .....Respondent Through: Mr. Satinder Singh Bawa, APP for the State with SI Manju Redhu, PS Timarpur. Ms. Sunita Arora, Adv. (DHCLSC) for prosecutrix. CORAM: HON'BLE MR. JUSTICE VIMAL KUMAR YADAV JUDGMENT (ORAL) VIMAL KUMAR YADAV, J. 1. Too much water has flown from the river Yamuna and its adjoining flood plains from where the instant case has originated twenty years back in the year 2006, in which the present Appellants were held guilty under Section 376 and convicted thereof. 2. Assailing the judgment and the order on sentence, the instant appeal was preferred by the Appellants, which is disposed of hereby through this judgment. 3. Protruding stomach of the prosecutrix unravel the facts and on being asked by her parents, the prosecutrix unfolded the ordeal she had undergone at the hands of two of her neighbours Harun and Inaam, the Signature Not Verified Signed By:ASHOK CRL.A. 126/2008 Page 1 of 7 KUMAR CHOUHAN Signing Date:11.03.2026 18:19:30 Appellants herein. The wife of the former was entrusted with the care and custody of the prosecutrix by her father, Momin. 4. The father of the prosecutrix who happens to be a professional driver involved in driving Dumper and was invariably working long hours in the day and night shifts. He used to come home only for a very brief period. His first wife mother of the prosecutrix had died and with his second wife he was having a matrimonial dispute so she too was not living with him except the prosecutrix. The other children from the first wife were too young therefore, they were left back home in Uttar Pradesh. 5. A