State vs Mohd Rashid

ik-48000688 Delhi High Court 9 December 2024 • 23 min read

Judges (1)

Counsel (7)

Abdul Bari Khan Counsel Respondent Bhanu Malhotra Counsel Respondent Chandra Bose Counsel Respondent Gopeshwar Singh Chandel Counsel Respondent Sulaiman Md. Khan Counsel Respondent Taiba Khan Counsel Respondent Utkarsh Counsel Petitioner

Parties (2)

State Petitioner Mohd Rashid Respondent

Case Significance

State vs Mohd Rashid is a Delhi High Court decision dated December 9, 2024 (citation: ik-48000688). The State sought leave to appeal under Section 378(3) CrPC against the acquittal of the respondent for an offence under Section 8 of the POCSO Act, where the accused was alleged to have sexually assaulted a minor student at a Madrasa. The Trial Court acquitted the respondent noting discrepancies in the victim's testimony, unexplained delay in recording her Section 164 statement, and a plausible defence that the accused had scolded the victim for not following dress codes. The High Court found The case was heard by Justice Vikas Mahajan.

Summary

The State sought leave to appeal under Section 378(3) CrPC against the acquittal of the respondent for an offence under Section 8 of the POCSO Act, where the accused was alleged to have sexually assaulted a minor student at a Madrasa. The Trial Court acquitted the respondent noting discrepancies in the victim's testimony, unexplained delay in recording her Section 164 statement, and a plausible defence that the accused had scolded the victim for not following dress codes. The High Court found the Trial Court's view was plausible and dismissed the State's leave to appeal petition.

What was the outcome of State vs Mohd Rashid?

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-48000688)