* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of reserving Judgment: 13^th February, 2026 Date of decision: 27^th March, 2026 IN THE MATTER OF:

+ CRL.A. 1344/2011 MADAN SINGH .....Appellant Through: Mr. Zeeshan Diwan, Mr. Krishna Datta Multani, Mr. Harsha, Mr. Joel Jamesh and Ms. Ankita Yadav, Advs.

versus STATE OF THE NCT OF DELHI .....Respondent Through: Ms. Kiran Bairwa, APP for the State.

Ms. Astha (DHCLSC) with Ms. Megha Singh, Advocate for victim/

prosecutrix.

SI Nirankar Nagar, PS Defence Colony.

CORAM:

HON'BLE MR. JUSTICE VIMAL KUMAR YADAV

JUDGMENT

VIMAL KUMAR YADAV, J.

1. Constraints and restrictions so also the facilities have immense potential to change the life drastically. The financial constraints coupled with the lack of proper education, skills and training brought the victim herein, as many other such individuals land up in the big metropolitan cities, as this metropolis. The victim, who hails from a North-Eastern state of India, came from about 2000 kms away to this city looking for a job. It was the financial constraint of the family which persuaded or in a way compelled a young girl of about 22 years of age to seek job of a cook and that is how the victim / complainant herein landed in the city of Delhi, though, how and through whom, is not known. She was working as domestic help/cook with one Mr. Lee, a Korean National, who along with his family was not in the city and was travelling to Korea during the relevant time i.e. on 26.07.2009. The family occupied first floor in C-5, Gulmohar Park, New Delhi, whereas the owner, Mr. Ashok Kumar Soni occupied the ground floor and another family was in occupation of second floor. On the top floor / terrace, 3 servant quarters were there, each meant for each floor.

2. The complaint / victim, in the absence of her employer, was working as a caretaker also, but was not permitted to stay in the house for more than 5-6 hours and she, as usual, used to sleep in one of the three servant quarters on the terrace. One of such room was occupied by the Appellant Madan Singh, who was employed by the owner of the building residing at the ground floor, namely Mr. Ashok Kumar Soni.

3. Incidentally, the cooler which was being used by the victim was malfunctioning for the last about 10 days, and she was, therefore, compelled to sleep on the terrace in the open. On the fateful day i.e. 26.07.2009, while the prosecutrix was sleeping on the terrace at about 10:30 PM, the Appellant herein came there and forced himself upon her despite the resistance offered by the victim and in the process, the appellant got nail scratches on his chest and upper body. Somehow, the victim could not save herself and she was raped.

4. She called her employer telephonically, who in turn, asked her to call the Police and that is how the information reached to the police and was recorded as DD No. 28 dated 26.07.1999 (Ex. PW-9/E) at the Defence Colony, Police Station. SI Sanjay Sharma was assigned the DD, who, being In-charge of the Police Post, Gulmohar Park reached there alongwith Ct.

Purshottam and ASI Sri Krishan. The statement of the victim Ex. PW-2/A was recorded by SI Sanjay Sharma who made his endorsement and got FIR registered. The FIR No. 205/2009 was assigned to SI Saroj Bala who took over the investigation therefrom.

5. SI Saroj Bala reached the spot, she arrested the Appellant Madan Singh, and prepared the site plan Ex.PW-9/A, at the instance of the victim, and thereafter, the victim was taken to All India Institute of Medical Sciences, Delhi, (AIIMS), where she was medically examined. The Doctor who examined the victim gave certain Exhibits which were seized by SI Saroj Bala through Seizure Memo Ex. PW-4/A, containing vaginal smear, under garments of the victim, nail clippings of both the hands of the victim and a sample seal inasmuch as of the aforesaid Exhibits were sealed by the Doctor.

6. Appellant/accused Madan Singh, who was arrested vide memo Ex. PW-2/B and his personal search was accounted for through m