State v. Santosh Kumar Ojha

$~22 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.L.P. 124/2020 STATE .....Petitioner Through:

Mr. Amit Ahlawat, APP for the State with SI Sonu Kumar, PS Ranhola.

versus SANTOSH KUMAR OJHA .....Respondent Through:

Mr. Arjun Singh Khurana, Advocate.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 15.12.2025 CRL.L.P. 124/2020 1.

The State seeks leave to appeal against the judgment dated 11th October, 2019, whereby the Respondent was acquitted in SC No. 53/2019 arising out of FIR No. 502/2014, registered at P.S. Ranhola, for offences under Sections 363 and 366 of the Indian Penal Code, 1860 and Section 6 of the Protection of Children from Sexual Offences Act, 2012. 2.

Mr. Amit Ahlawat, APP for the State, submits that although the prosecution could not place on record any documentary proof of the victim's age and no medical examination was conducted for age determination, the victim's testimony is clear, cogent and coherent, and contains a specific account of the act of assault. He contends that, even in the absence of corroborative material, the Trial Court could have safely relied upon her testimony to record a conviction. It is further submitted that the crossThe 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 17/12/2025 at 12:27:25

examination of the victim does not elicit anything beyond bare suggestions, and no material contradiction or circumstance emerges so as to discredit her version. According to him, the Trial Court erred in discarding her testimony on the basis of minor inconsistencies, which, by themselves, could not have formed a sufficient ground for acquittal.

3.

Having considered the submissions, the Court is of the view that the matter requires consideration. Accordingly, leave to appeal is granted. 4.

The leave petition is allowed and disposed of. CRL.A. (To be numbered) 5.

The Registry is directed to allocated a Criminal Appeal Number. 6.

Admit.

7.

The Respondent is directed to furnish bail bonds on the same terms and conditions on which he was on bail before the Trial Court. List before the Joint Registrar for this purpose on 18th December, 2025. 8.

Mr. Arjun Singh Khurana, counsel for the Respondent, seeks time to prepare for arguments.

9.

Re-notify on 24th April, 2026.

SANJEEV NARULA, J DECEMBER 15, 2025/ab 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 17/12/2025 at 12:27:25