Dry v. State NCT of Delhi

judgement deserves to be confirmed. Ordered accordingly.

¶37The appeal is accordingly dismissed. Pending applications, if any are also disposed of.

¶38Copy of this order be sent to the Jail Superintendent, for information and compliance. PRATHIBA M. SINGH JUDGE MADHU JAIN JUDGE JANUARY 15, 2026/ys/ck

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:15th January, 2026 Uploaded on: 21st January, 2026 + CRL.A. 1494/2025 & CRL.M.(BAIL) 2186/2025 DRY .....Appellant Through: Mr Gautam Khazanchi, Ms. Pooja Deepak. Advs. (DHCLSC) versus STATE NCT OF DELHI .....Respondent Through: Mr. Ritesh Kumar Bahri, APP with Ms. Vibha & Mr. Lalit Luthra, Advs. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. CRL.M.A. 31981/2025 2. This application seeks permission to file lengthy synopsis and list of dates of more than five pages. 3. For the reasons stated in the application, the same is allowed. The lengthy synopsis and list of dates are taken on record. 4. The application is disposed of. CRL.A. 1494/2025& CRL.M.(BAIL) 2186/2025 5. The present appeal has been filed by the Appellant under Section 415 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter, 'BNSS') challenging the impugned judgment dated 30th July, 2025 (hereinafter, 'impugned order') and order of sentence dated 29th August, 2025 passed by the ld. Additional Sessions Judge-01 (POCSO/Children's Court): North District, Rohini Court, Delhi in Sessions Case No. 435/2021. Facts 6. The present case arises out of FIR No. 659/2021 PS Jahangir Puri dated 25th July, 2021 under Sections 376/506 of the Indian Penal Code, 1860 (hereinafter, 'IPC') and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter, 'POCSO Act'). 7. The Appellant is accused of the offences of rape, criminal intimidation and aggravated penetrative sexual assault against the victim who happens to be his daughter and a minor at the time of the incident. The Police Station Jahangir Puri had received information on 25th July, 2021 that the victim had been raped two to three times by her own father and the said diary entry was made by ASI Subhash and was marked for investigation to Sub-Inspector Anita. 8. On 25th July, 2021, the victim along with her mother had visited the Police Station Jahangir Puri and the complaint was recorded by Sub-Inspector Anita in which she had stated that she was a student in Class 6th. It was further stated by the victim that her father had forcibly established physical relations with her when she was sleeping in her house and that she was in fact three months' pregnant on the date when the complaint was registered. 9. Thereafter, the Appellant was taken to RML Hospital by the Delhi Police for a potency test and blood sample collection. The blood was collected and was handed over to the constable for proper testing. 10. On 31st July, 2021, the termination of pregnancy of the victim was conducted at the Babu Jagjivan Ram Memorial Hospital and the samples of the foetus were also collected and handed over to the concerned investigating officer. The samples had been sent for testing to the Forensic Science Laboratory (hereinafter, 'FSL') in Rohini and the report of the said samples is also on record. 11. Chargesheet was then filed against the Appellant and charges were framed vide order dated 11th March, 2022 under Sections 376(2)/ 376(3)/ 506(II) IPC and Section 6 of POCSO Act to which the Appellant pleaded not guilty. Proceedings before the Trial Court 12. During the course of trial, 10 witnesses including the Prosecutrix and her mother were examined by the prosecution. The relevant testimonies are of the following witnesses: a) PW-1: Prosecutrix b) PW-2: Her mother c) PW-3: Ct. Nishant d) PW-7: Dr. Monika Chakravarty, Senior Scientific Officer (Biology) at the FSL, Rohini, Delhi. 13. All the remaining witnesses, i.e. PW-4 to PW-6 and PW-8 to PW-10 were Police officials. In the testimony of the Prosecutrix, although she attempts to support her father at certain places, it clearly emerges that the father had established a physical relationship with the daughter, and the said extracts from the statement of the Prosecutrix are set out below: "Q. Agar pa