SMT NIKHAT AFZA vs THE STATE GOVT. OF NCT OF DELHI

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 27.03.2026 Judgment pronounced on: 05.05.2026 Judgment uploaded on: 08.05.2026 + CRL.REV.P. 631/2023 & CRL.M.A. 15164/2023 SMT NIKHAT AFZA .....Petitioner Through: Mohd. Hadis Ansari, Advocate versus THE STATE GOVT. OF NCT OF DELHI .....Respondent Through: Mr. Manoj Pant, APP for the State CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA JUDGMENT DR. SWARANA KANTA SHARMA, J 1. The present revision petition has been filed impugning the order on charge dated 09.02.2023 [hereafter „impugned order‟], vide which charges were framed against the petitioner for offence under Sections 344/506 of the Indian Penal Code, 1860 [hereafter „IPC‟] in SC No. 129/2022, arising out of FIR bearing no. 464/2021, registered on 30.07.2021 at Police Station Govindpuri, Delhi, for commission of offences under Sections 376/328/342/506 of the IPC. 2. Briefly stated, the case of the prosecution, is that the complainant/prosecutrix had sent a complaint dated 19.07.2021 to the CRL.REV.P. 631/2023 Page 1 of 11 Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:08.05.2026 19:10:40 DCP, South-East, Delhi, pursuant to which the present FIR came to be registered. It has been alleged that the prosecutrix, aged about 30 years and a resident of Tughlakabad, New Delhi, had, on 05.12.2008, been travelling from Delhi to Gorakhpur by train to attend a wedding ceremony. During the journey, she came into contact with accused no. 1, Mohd. Ayaz, who had introduced himself as “Rajeev”, along with his friend. It is alleged that at about 02:30 AM, when the prosecutrix had gone to the toilet of the train, accused no. 1 along with his friend had entered the said toilet, where accused no. 1 had forcibly raped her, while his associate