Xyz vs State Of Nct Of Delhi Through Sho, P.S- ...
2026 Latest Caselaw 1326 Del

Delhi High Court

Xyz vs State Of Nct Of Delhi Through Sho, P.S- ... on 10 March, 2026

                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                              Judgment Reserved on: 09.03.2026
                                                         Judgment pronounced on:10.03.2026
                          +      CRL.A. 1090/2024
                                 XYZ                                          .....Appellant
                                                Through:      None.

                                                versus

                                 STATE OF NCT OF DELHI THROUGH SHO,
                                 P.S- GK-1, NEW DELHI & ANR.                  .....Respondents
                                                Through:
                                                       Mr. Utkarsh, APP for the State with
                                                       SI Nishi, PS GK-1.
                                                JUDGMENT

CHANDRASEKHARAN SUDHA, J.

1. This appeal under Section 413 of Bhartiya Nagrik

Suraksha Sanhita, 2023 (the BNSS) read with 372 of the Code of

Criminal Procedure, 1973 (the Cr.P.C.), has been filed by the

prosecutrix in Sessions Case No.278/2024 on the file of the

Additional Sessions Judge, Special Fast Track Court, South-East

District, Saket Courts, Delhi, challenging the order dated

02.08.2024, as per which the accused i.e. the respondent herein,

has been discharged of the offence punishable under Section 376

of the Indian Penal Code, 1860 (the IPC).

2. The prosecution case is that the appellant had given her

gold articles to the accused (respondent no. 2 herein) and when she

demanded those articles back, the latter asked her to establish

physical relations with him. The accused/respondent no. 2

established physical relations with the appellant, against her will.

Hence, the accused/respondent no. 2 as per the

chargesheet/judgment is alleged to have committed the offence

punishable under Section 376 IPC.

3. Based on the information given by the prosecutrix on

16.01.2023, crime no. 7/2023,Police Station Greater Kailash, was

registered. Investigation was conducted into the crime and upon

completion of the same, the chargesheet/final report was submitted

before the Court, alleging the commission of the offence

punishable under the aforementioned Section.

4. On appearance of the accused before the trial court, the

court after hearing both sides, as per order dated 02.08.2024,

discharged the accused of the offence punishable under Section

376 IPC.

5. A perusal of the record shows that the appellant has not

been appearing before this Court regularly. The learned Additional

Public Prosecutor submits that the appeal is not maintainable and

that the remedy of the appellant is to file a revision.

6. As the appellant has not been appearing regularly, this

Court is proceeding to consider the matter on merits in the light of

the dictum in Bani Singh & Ors. v. State of U.P., (1996) 4 SCC

720 after going through the records in this case.

7. As per the impugned order, the trial court has discharged

the accused of the offence punishable under Section 376 of the IPC

finding that no prima facie case or strong suspicion regarding

commission of offence by the accused/respondent no. 2 has been

made out. Discharge of an accused is apparently not an

interlocutory order as contemplated under section 397(2) Cr.PC.

Therefore, the remedy available to the appellant herein is to file a

revision under section 397(1) Cr.PC. (See Haryana LRB

Corporation Limited v. State of Haryana 1990 KHC 512 :

(1990) 3 SCC 588)

8. In the result, the appeal is dismissed as not being

maintainable.

9. Applications, if any, pending shall stand closed.

CHANDRASEKHARAN SUDHA (Judge) MARCH 10, 2026 RS