STATE vs MOHD SHAMSHER

Judgment text excerpt

$~10 * 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. Signature Not Verified Digitally Signed CRL.A. 1434/2012 Page 1 of 9 By:DEVANSHU JOSHI Signing Date:20.03.2026 15:44:17 Factual Background 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 the cries of the victim, reached the Respondent’s jhuggi and knocked on the door, which was opened by the Respondent. The mother found the victim naked with her undergarments down to her knees. It was stated by the victim’s mother that on asking the victim as to who had removed her clothes, she pointed towards the Respondent. In the meantime, the Respondent had fled the scene. 4. A case was registered on the complaint of the victim’s mother and after