State NCT of Delhi v. Shalabh Gupta
Case brief
What is this about?
The High Court dismissed the State's leave petition challenging an acquittal order in a rape trial. The Court held the Trial Court's finding that the prosecution failed to prove the charge and the acquittal of the respondent was not perverse.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ Date of Decision: 13.05.2019 % CRL.L.P. 513/2013
STATE NCT OF DELHI
.... Petitioner
Through Mr. Tarang Srivastava, APP for State. SI Nikhil Raman, PS Geeta Colony.
versus SHALABH GUPTA ..... Respondent Through Mr. Amit Sharma and Mr. Ahmad Ziad, Advocates.
CORAM: HON'BLE MR. JUSTICE A.K.CHAWLA
J U D G M E N T
A.K.CHAWLA, J. (ORAL)
- By the instant petition filed under sub-Section (1) of Section 378 Cr.P.C., the State seeks leave to entertain appeal against an order-judgment of acquittal passed by the ld. District Judge/Addl. Sessions Judge (N/E), whereby, the respondent-the accused was acquitted of the charge of rape. 2. Concisely, the relevant facts are that on 30.06.2007 at 07:05 hrs, FIR No.264/2007 PS Geeta Colony under Sections 376/506/34 IPC was registered on the complaint made by the prosecutrix for the commission of the offences under Sections 376 and 506 IPC on 27.06.2007 at about 11.00 p.m. on the road on Pontoon Bridge, near Cremation Ground, Geeta Colony.
Issues for consideration
3 issues framed by the court
Whether the acquittal of the respondent by the Trial Court was perverse warranting interference by this Court.
Whether the absence of injuries and corroboration inflicts perversity in favour of the accused ranging to dispose.
Whether the delay in filing of FIR and subsequent marriage invite adverse inference.
Parties & counsel
- appellant
STATE NCT OF DELHI
- respondent
SHALABH GUPTA
Coram
A.K. CHAWLA
Case details
As recorded by the court registry
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