STATE vs MOHD SHAMSHER

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:17th March, 2026. Uploaded on: 20th March, 2026. CRL.A. 1434/2012 STATE .....Appellant Through: Mr. Aashneet Singh, APP with Insp. Naveen Rathi & SI Manisha, PS Mandawali. versus MOHD SHAMSHER .....Respondent Through: Mr. Jitendra Kumar Singh, Amicus Curiae with Ms. Shivpriya, Ms. Harshita Singh and Ms. Anjali Kumari, Advocates (M: 9205114924). CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN JUDGMENT Prathiba M. Singh, J. 1. This hearing has been done through hybrid mode. 2. This appeal has been filed by the State challenging the impugned judgment dated 19th December, 2009 passed by the ld. ASJ-III, (East), Karkardooma Courts, in Sessions Case No. 38/2009 arising out of FIR No. 90/2009. Vide the impugned judgement the Respondent has been acquitted of offences punishable under Section 376 read with Section 511 of the Indian Penal Code, 1860. 3. The case of the prosecution was that on 21st February, 2009, at about 9:00 AM, the Respondent-Accused had attempted to commit rape upon the three and a half year old victim in his jhuggi at Ravi Das Camp, near Mother Dairy, Mandawali, Delhi. The mother of the victim, upon hearing th