Disposed¶18

Sachin Kumar v. State NCT of Delhi

Delhi HC17 Nov 2025CRL.M.C./8109/2025

Case brief

AI extract

What is this about?

recall of witness; further cross-examination; previous statements to police; PW-4; V.K. Mishra v. State of Uttarakhand; Criminal Appeal No. 1247/2012; Section 354D IPC; Section 509 IPC; Section 12 POCSO Act; FIR No. 92/2018 PS Jyoti Nagar; CRL.M.C. 8109/2025; Delhi High Court; Sanjeev Narula J.; order dated 17.11.2025; prosecution evidence stage; undertaking of no adjournment; depression medical documents; delay in filing application.

What did the court decide?

Recall of PW-4 allowed; Petitioner permitted to further cross-examine PW-4 strictly confined to confronting her with her previous statement made to the police; petition disposed of along with pending applications, with the Trial Court to pass appropriate orders on the date already fixed. ¶18

Sachin Kumar Vs State NCT of Delhi — Child Sexual Offences (POCSO) | Delhi HC (2025)

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$~55

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 8109/2025, CRL.M.A. 33863/2025 & CRL.M.A. 33864/2025

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SACHIN KUMAR .....Petitioner Through: Dr. Ashutosh, Dr. Kiran Gupta, Advocates. versus STATE NCT OF DELHI .....Respondent Through: Mr. Hitesh Vali, APP for the State with SI Pankaj Kumar, PS Jyoti Nagar.

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CORAM:

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HON'BLE MR. JUSTICE SANJEEV NARULA

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O R D E R % 17.11.2025

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The Petitioner is accused in FIR No. 92/2018, registered at P.S. Jyoti Nagar under Sections 354D and 509 of the Indian Penal Code, 1860¹ read with Section 12 of the Protection of Children from Sexual Offences Act, 2012² .

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The Petitioner’s request for recall of PW-4 (mother of the Victim) was declined by the impugned order dated 12^th September, 2025. Counsel for the Petitioner submits that, in light of the judgment of the Supreme Court in V.K. Mishra & Anr. v. State of Uttarakhand & Anr.³ , it is necessary for

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1 “IPC”

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2 “POCSO Act”

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3 Criminal Appeal No. 1247/2012.

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/11/2025 at 14:16:03

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the Petitioner to confront PW-4 with the previous statements made by her to the police. It is submitted that PW-4 was not cross-examined on this aspect by Counsel earlier, and immediately upon realising this lapse, the Petitioner moved the application at the first available opportunity. Counsel further submits that the matter is still at the stage of recording prosecution evidence and, if granted an opportunity, the Petitioner undertakes to complete the further cross-examination of PW-4 on the very same day without seeking any adjournment.

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The application is opposed by Mr. Hitesh Vali, APP for the State, on the ground that the reasons furnished for the earlier omission to crossexamine PW-4 on her previous statements are neither satisfactory nor convincing. It is submitted that no cogent explanation has been provided for the lapse on the part of the Petitioner.

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The Petitioner has placed on record certain medical documents to indicate that he was suffering from depression, which is relied upon to explain the delay in filing the application between 16^th January, 2025 and 06^th June, 2025.

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Having considered the overall facts of the case, and noting that the matter is still at the stage of prosecution evidence, as well as the assurance given on behalf of the Petitioner that the further cross-examination shall be strictly confined to confronting PW-4 with her previous statement made to the police, the application is allowed, having regard to the judgment of the Supreme Court in V.K. Mishra.

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List this matter before the Trial Court on the date already fixed for appropriate orders regarding the further examination of PW-4.

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With the above directions, the present petition is disposed of along

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/11/2025 at 14:16:03

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with pending applications.

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SANJEEV NARULA, J

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NOVEMBER 17, 2025/ab

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/11/2025 at 14:16:03

Sachin Kumar v. State NCT of Delhi

Case brief

What is this about?

What did the court decide?

Sachin Kumar v. State NCT of Delhi

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Cases cited

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