* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 20.07.2026 Pronounced on: 02.09.2026 # CNR No: DLHC011535302010 + CRL.A. 584/2011 STATE .....Appellant Through: Mr. Aman Usman, APP with Mr. Manvendra Yadav, Adv. Insp.O.P.Vishnoi,P.S.Najafgarh versus MUNNA KUMAR .....Respondent Through: None has appeared.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE RAVINDER DUDEJA

J U D G M E N T

RAVINDER DUDEJA, J.

1. The State takes exception to the impugned judgment dated 29^th April, 2010, passed by the learned Additional Sessions Judge/ Special Judge (NDPS), in SC no. 16/1/10, in case FIR no. 454/2008 registered under Section 376(2)(f) of the Indian Penal Code, 1860 (“IPC”) at Police Station [“PS”] Najafgarh, whereby, the respondent Munna Kumar has been acquitted of charge under Section 376 IPC and was convicted only under Section 354 IPC.

FACTUAL MATRIX:

2. The brief facts of the case, as per the charge sheet are that on 11^th August, 2008, an information was received at PS Maya Puri that prosecutrix ‘N’ (name withheld), aged about 4 ½ years, was admitted in DDU Hospital by her father with the alleged history of rape. Such information was recorded vide DD No. 27 (Ex. PW-12/A). On receipt of Ex. PW-12/A, SI Zile Singh (PW-1) along with Constable Prem Prakash (PW-6) went to DDU Hospital and obtained the MLC of the minor child. She was declared ‘unfit’ for statement. The statement of her father, that is, complainant ‘X’ (name withheld) was recorded (Ex. PW-1/A), which was to the effect that he was residing at the house of Ramesh, son of Kulbir near (complete address withheld) on rent and that Munna, son of Paras Nath, aged about 20-21 years was residing in the same house in the opposite room. His daughter, that is, the prosecutrix, aged about 4 ½ years, used to visit his room for tuition. On 10^th August, 2008, at about 7:00 pm, she went for tuition and returned back home at 11:30 pm. She complained of pain. Her mother (PW-7) noticed that she was bleeding from her private part and there was blood on her legs and underwear. Upon hearing the same, the complainant went to the room of the respondent, but the same was found locked. He then, along with his wife, took the prosecutrix to Gandhi Nursing Home, Om Vihar, where the lady doctor examined her and advised them to remove the child to DDU Hospital. Next day, they brought their daughter at DDU Hospital.

3. On the aforesaid statement of the complainant, FIR No. 454/08, under Section 376 IPC (Ex. PW-5/A) was registered. Further investigation was taken over by WASI Kamlesh (PW-13). Respondent was arrested on 11^th August, 2008 from Mansa Ram Park, Uttam Nagar, vide Arrest Memo (Ex. PW-4/B), on the pointing out of the complainant. On interrogation, he gave disclosure statement (Ex. PW- 13/A). He was then taken to his house, from where, at his instance, a towel, one bed sheet and one red colour cloth were recovered, which were seized vide separate memos Ex. PW-6/A to Ex. PW-6/C. The site plan Ex. PW-13/B of the place of occurrence was prepared by PW-13. 4. Respondent was got medically examined at RTRM Hospital. After medical examination, the doctor handed over the sealed pullandas, which were taken into possession vide seizure memo Ex.

PW-13/C.

5. On 13^th August, 2008, the father of the prosecutrix handed over the underwears of the prosecutrix, which were seized vide memo Ex.

PW-4/A.

6. On 19^th August, 2008, the statement of prosecutrix was recorded by the learned Metropolitan Magistrate under Section 164 Cr.P.C (Ex. PW-14/A).

7. On 22^nd August, 2008, the exhibits were sent to FSL through PW-10/Ct. Pratap and upon completion of the investigation, charge sheet under Section 376 IPC was prepared and the respondent was sent to Court for trial.

8. The learned Trial Court, on 27^th March, 2009, framed charge under Section 376 (2)(f) IPC against the respondent. He pleaded not guilty and claimed trial.

9. In order to bring home the guilt of the respondent, prosecution examined 14 witnesses, including