STATE vs FAHIMUDDIN @ FAHIM

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 16.02.2026 Pronounced on: 16.03.2026 + CRL.A. 341/2021 STATE .....Appellant Through: Mr.Aman Usman, APP with SI Anjali, PS Jafrabad Versus FAHIMUDDIN @ FAHIM .....Respondent Through: Mohd. Shamikh, Adv. along with respondent in person. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT NAVIN CHAWLA, J. 1. This appeal has been filed challenging the order dated 26.09.2019 passed by the learned Additional Sessions Judge-1/Special Judge (POCSO), Shahdara District, Karkardooma Courts, Delhi (hereinafter referred to as the ‘Trial Court’) in Sessions Case No.632/16, arising out of FIR No.141/13 under Section 376 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as ‘POCSO’), registered at Police Station Jafrabad, acquitting the respondent. 2. It is the case of the prosecution that on 18.05.2013, the victim Signature Not Verified Digitally Signed CRL.A. 341/2021 Page 1 of 8 By:REYMON VASHIST Signing Date:16.03.2026 19:06:59 along with her mother, came to the police station and made a complaint against the respondent stating that while the victim is now living with her parents at the maternal grandmother’s house, on 17.05.2013 when she was sleeping in her room on the first floor of the house where the alleged incident took place, at about 06:30 AM, the respondent, who is the son of her uncle (father’s brother) and lived in the adjacent room, came to her room and sat in between her both legs and touched her private part due to which she woke up. The respondent then fled away by making a gesture to the victim to remain silent. The victim disclosed the entire incident to her mother