SHAKOTLA MISHRA vs STATE GOVT OF NCT OF DELHI

Judgment text excerpt

$~P-2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 05.05.2026 Pronounced on: 13.05.2026 Uploaded on: 13.05.2026 + CRL.REV.P. 180/2026, CRL.M.A. 9218/2026 & CRL.M.(BAIL) 622/2026 SHAKOTLA MISHRA .....Petitioner Through: Mr. Manish Yadav, Mr. Anurag Kumar Singh, Mr. Shashank Shekhar Chaurasia, Advocates. Versus STATE GOVT OF NCT OF DELHI .....Respondent Through: Mr. Hitesh Vali, APP with ASI Raj Kumar. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN JUDGMENT 1. By way of this revision petition under Section 438 of the Bhartiya Nagarik Suraksha Sanhita, 2023 [“BNSS”] (corresponding to Section 397 of the Code of Criminal Procedure, 1973 [“CrPC”]) , the petitioner assails his conviction and sentencing under Section 509 of Indian Penal Code, 1860 [“IPC”], in proceedings arising from FIR No. 33/2018, dated 16.11.2018, registered at P.S. Metro Police Station Ghitorni. He was convicted by a judgment of the Magistrate’s Court dated 31.01.2023, and sentenced by order dated 05.02.2024, to imprisonment of six months and Signature Not Verified Signed By:PARUL CRL.REV.P. 180/2026 Page 1 of 11 VASHIST Signing Date:13.05.2026 19:55 a fine of Rs. 5,000/-. By an order of the Appellate Court dated 11.03.2026, the conviction and sentence were affirmed. A. FACTS 2. The complainant, who was then aged 18 years 11 months, alleged that she was travelling on a metro train when another passenger pulled down the zipper of his trousers and exposed himself to her. With the help of other passengers, she tackled the culprit and brought the incident to the notice of the metro staff. The person was identified as the petitioner herein. 3. Upon filing of the chargesheet, charges were framed against the petitioner under Sections 509 and 354A(1)(i) of the IPC on 29.01.2019. The petitioner pleaded not guil