IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment reserved on:28.11.2025

Judgment delivered on:15.12.2025

+ CRL.REV.P. 133/2023

STATE .....Petitioner

versus

VIKASH KUMAR .....Respondent

Advocates who appeared in this case:

For the Petitioner : Through: Mr. Ritesh Kumar Bahri, APP

for the State with Ms. Divya Yadav and Mr.

Vinesh Kumar, Advs. with SI Jitender

Kumar and SI Sunder Singh, PS Nangloi.

For the Respondent :

CORAM

HON’BLE MR JUSTICE AMIT MAHAJAN

JUDGMENT

1. The present petition is filed under Sections 397/401 read with Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) against order dated 14.09.2022 (hereafter ‘impugned order’) passed by the learned Additional Sessions Judge (‘ASJ’) in SC No. 91/2021

arising out of FIR No. 22/2020 registered at Police Station Nangloi.

2. By the impugned order, the learned ASJ discharged the respondent for the offence under Section 376 of the Indian Penal Code, 1860 (‘IPC’). However, noting that prima facie sufficient evidence was there against the accused persons for the commission of offences under Sections 323/ 341/ 354A/ 354B/ 506/ 109/ 34 of the IPC, which are triable by the Magistrate, the learned ASJ directed that the file be put up before the learned Principal District and Sessions Judge with a request for transferring the same to the court having appropriate jurisdiction.

3. Briefly stated, the FIR in the present case was recorded pursuant to a complaint made by the prosecutrix. It is alleged that on 09.01.2020, the prosecutrix was visiting her brother at his house in Rajender Park Extn., Nangloi, Delhi. It is alleged that on the same day around 2:30pm, while the prosecutrix was having a conversation with her brother, the respondent’s mother (who lives adjacent to the house of the prosecutrix’s brother) along with the respondent came to the said house. It is alleged that the respondent and his mother hurled abuses at the prosecutrix and the respondent caught hold of the prosecutrix from behind and pressed her breasts. It is alleged that the mother of the respondent held the prosecutrix’s hands while the respondent tore off her clothes from the front, upon being instigated by his mother. It is alleged that when the prosecutrix tried to save herself and run from the spot, her sister-in-law, Pooja arrived at the spot and stopped her. It is alleged that thereafter the respondent started beating the prosecutrix. It is alleged that the respondent, his mother and Pooja threatened to kill the prosecutrix and her family if she reported about the alleged incident to the police. It is further alleged that the respondent and his mother gave beatings to the prosecutrix and her sister and threatened to kill them.

4. The statement of the prosecutrix under Section 164 of the CrPC was recorded on the next day, that is 10.01.2020. The prosecutrix in her statement stated that she and her sister had gone to her brother’s house for a certain settlement, where her brother had called his father- in-law. She stated that around 1:30-2pm, her sister-in-law Pooja arrived at her brother’s house, started pulling her hair and hit her head on the floor. She stated that thereafter, the respondent and his mother arrived and started beating the prosecutrix along with Pooja. She stated that the respondent caught hold of her and Pooja tore off her suit. She stated that the respondent pressed her breasts and inserted his finger in her uterus. She stated that the respondent and his mother threatened her that they would kill her and her family and have also usurped her property.

5. The respondent has been charge sheeted in the present case for the offences under Sections 323/354/354A/354B/376/506/509/34 of the IPC.

6. The learned ASJ vide the impugned order discharged the respondent for the offence under Section 376 of the IPC. The learned ASJ noted that the prosecutrix made no mention of the respondent inserting his finger in her private part in her complaint or at the time of her medical examination. It was noted that th