* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 25.08.2026 Pronounced on : 03.09.2026 Uploaded on: 03.09.2026 # CNR No. DLHC010132792026 + CRL.A. 320/2026 & CRL.M.A. 10175/2026 KXXXXX .....Appellant Through: Mr. Jitendra Kumar Tiwari and Mr.

Abhishek Chaudhary, Advs.

versus THE STATE GOVT. OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Ajay Vikram Singh, APP with SI Abhishek Rane, PS Dwarka North.

CORAM:

HON’BLE MS. JUSTICE MADHU JAIN

JUDGMENT

MADHU JAIN, J.

1. This hearing has been done through hybrid mode.

2. The present appeal has been filed by the prosecutrix under Section 419 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as, ‘BNSS’), against the judgment of acquittal dated 07.10.2024 passed by the learned ASJ , Dwarka Courts, New Delhi, in SC No. 151/2022, arisingoutofFIRNo.138/2021,registeredatPoliceStationDwarkaNorth, under Sections 328/376(2)(n)/377/506/509 of the Indian Penal Code, 1860 (hereinafter referred to as, ‘IPC’), whereby Respondent No. 2 (Anoop) was acquitted of all charges.

FACTUAL MATRIX

3. Briefly stated, the case of the prosecution is that the prosecutrix was residing with her husband and their adopted child. Her husband had sustained a fall from a roof in 2007, resulting in 75% disability, and was unabletofatherabiologicalchild.Consequently,thecoupleadoptedachild in the year 2014.

4. It is alleged that Respondent No. 2, who was known to the family of the prosecutrix, used to visit their house and, from the year 2017 onwards, established physical relations with the prosecutrix against her wishes by extendingthreatsandinducements.Itisfurtherallegedthatononeoccasion she was administered an intoxicating substance, following which physical relations were established with her. According to the prosecutrix, the alleged acts continued thereafter and included repeated sexual acts, including unnatural intercourse, accompanied by threats and coercion.

5. The prosecutrix became pregnant and gave birth to a child on 20.06.2019. During the course of investigation, DNA samples of the prosecutrix, the accused and the child were obtained and sent to the Forensic Science Laboratory, Rohini. The DNA examination report stated that Respondent No. 2 was the biological father of the child.

6. The prosecutrix subsequently disclosed the alleged incidents to her husband and family members. On the basis of her complaint, FIR No. 138/2021 came to be registered at Police Station Dwarka North on 17.03.2021 under Sections 376/377/506 IPC. Her statement under Section

164 Cr.P.C. was recorded on 18.03.2021.

7. During investigation, the prosecutrix was medically examined and the requisite biological samples were collected. The DNA report was thereafter received from the FSL. The police filed the charge-sheet against Respondent No. 2 for offences under Sections 376/377/506/509 IPC, followed by a supplementary charge-sheet placing the DNA report on record. Cognizance was taken on 07.09.2021, whereafter the case was committed to the Court of Sessions and registered as SC No. 151/2022.

8. Vide order dated 23.02.2024, the learned Trial Court framed charges against the accused Anoop for offences punishable under Sections 328, 376(2)(n), 377, 506 and 509 IPC. The accused pleaded not guilty and claimed trial.

9. During trial, the prosecution examined four witnesses, namely, the prosecutrix as PW-1, her husband as PW-2 and the two Investigating Officers as PW-3andPW-4.Theprosecutrix deposed regardingthe alleged repeated sexual acts and the threats allegedly extended by the accused. Her husband deposed regarding the circumstances in which he came to know of the alleged relationship and the pregnancy, as well as the DNA test.

10. The statement of the accused under Section 313 Cr.P.C. Code of Criminal Procedure, 1973 (hereinafter referred to as , ‘Cr.P.C.’) was recorded on 07.09.2024. In his statement, the accused admitted that he had physical relations with the prosecutrix, but stated that the relationship was consensual an