Prosecutrix vs. State of NCT of Delhi & Anr.

Criminal Revision Petition · CNR No. DLHC010433862023Decided 13 Oct 2026New Delhi Bench
CRL.REV.P. 1152/2023CNR: DLHC010433862023
Justice Madhu Jain

Background

The petitioner alleged that a neighbour secretly filmed her bathing in 2016, then used the threat of circulating the video to coerce her into repeated non-consensual sexual relations and other acts, including filing for divorce from her husband. An FIR was registered under Sections 354C (voyeurism) and 376 (rape) of the IPC. During investigation, the phone allegedly used to record the video could not be recovered. A trial court discharged the accused before trial, reasoning that the video's non-recovery and the petitioner's own conduct (including filing for divorce) made her account unbelievable.

Decision Breakdown

The High Court set aside the discharge order and sent the case back for fresh consideration. It held that at the charge stage, a trial court's job is only to see whether the material raises a "grave suspicion" against the accused, not to conduct a mini-trial weighing credibility as if deciding guilt. The trial court had gone too far by disbelieving the complainant based on assumptions about how she "should" have behaved. The Court noted Section 53A of the Evidence Act bars using a victim's character or past conduct to decide questions of consent in such cases; the non-recovery of the phone was relevant but could not, on its own, kill the case before trial.

Lesson Learnt

At the charge-framing stage, courts must only check for a prima facie case and cannot dismiss a complaint by weighing the victim's credibility or character as if a full trial had already happened, and the law expressly forbids relying on a sexual assault victim's personal conduct to decide questions of consent.

Criminal LawDelhi High Court

Chetan vs. State Govt. of NCT Delhi

The Court noted the relationship appeared consensual, that the girl had gone with Chetan voluntarily, and that her parents no longer wished to continue the prosecution. It relied on a recent Supreme Court ruling criticizing the misuse of the POCSO Act to punish genuine adolescent relationships that families initially object to, and a similar Delhi High Court precedent. Given these factors, the near-complete trial evidence, and over four months already in custody, the Court granted regular bail with standard conditions.

Decided 14 Oct 2026Read case
Criminal LawDelhi High Court

Gulshan @ Khati vs. State of NCT of Delhi

The Court found that Gulshan had effectively misled the trial court by only slipping in a vague line about the pending High Court case, rather than disclosing it clearly, and had no real explanation for bypassing the High Court. The Court held this amounted to playing a fraud on both courts, dismissed his bail application outright, and directed that a copy of the order be sent to the trial court, asking it to explain within a week how it came to grant interim bail without being properly told about the pending High Court proceedings.

Decided 14 Oct 2026Read case
Criminal LawDelhi High Court

Jitesh @ Jitu vs. State NCT of Delhi

The State argued the wife's surgery wasn't serious enough to justify the full 30 days of interim bail requested. The Court verified the medical documents and surgery date and found the circumstances justified temporary release in the interest of justice, but granted only 10 days rather than the 30 requested, with strict conditions including a firm surrender deadline (with a built-in fallback date if the surgery was postponed).

Decided 14 Oct 2026Read case
Criminal LawDelhi High Court

Pramila & Anr. vs. State NCT of Delhi and Anr.

The three complainants appeared in person, were identified by the investigating officer, and personally confirmed to the judge (in Hindi) that they had compromised all disputes and no longer wished to pursue prosecution. The State raised no objection. The Court quashed the FIR and all related proceedings.

Decided 14 Oct 2026Read case
Criminal LawDelhi High Court

Vijay Kumar @ Babloo vs. State (NCT of Delhi)

The Court noted the prison rule barring parole after jumping bail is not absolute: it allows parole where "special circumstances" exist. The rejection order was quashed because it failed to consider the special circumstances raised (the son's situation), ignored the petitioner's good conduct and timely surrender after a 2025 parole, and relied on an outdated address when a new, verifiable one had since been given. The Court ordered police verification of the new address within two weeks and directed prison authorities to pass a fresh, reasoned decision within four weeks.

Decided 14 Oct 2026Read case
Criminal LawDelhi High Court

Sonu @ Kishan Chand vs. State (GNCT of Delhi) & Monu @ Naveen vs. State (G.N.C.T. of Delhi)

The Court granted bail to both brothers, noting that the injured persons had compromised and did not oppose bail, that most of the trial evidence had already been recorded, and that one brother had been in custody since 2023 and the other since 2022. Relying on Supreme Court precedent that "bail is not to be withheld as a punishment," the Court held that continued detention would be unjustly punitive given these circumstances. Bail was granted on a personal bond of Rs. 25,000 each with surety and standard conditions.

Decided 14 Oct 2026Read case