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POCSO: Trial Court’s decision to grant the benefit of doubt was a plausible view

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In State vs. Phool Chand, a Division Bench of the Delhi High Court upheld the acquittal of a man accused of sexually assaulting his minor niece. Justice Madhu Jain and Justice Prathiba M. Singh ruled that the Trial Court’s decision to grant the benefit of doubt was a plausible view based on the evidence. The Court highlighted significant material improvements in the victim’s testimony, a major contradiction between the victim and her father regarding the state of the crime scene (the door), and an unexplained delay in reporting the sexual assault. The Court concluded that since the initial police report only mentioned a family quarrel and there was a pre-existing property dispute between the parties, the prosecution failed to prove its case beyond reasonable doubt.

  • Nature of the Appeal: The State filed this criminal appeal under Section 378 CrPC challenging a 2016 judgment that acquitted the respondent of charges under Section 3(d) of the POCSO Act and Section 376(2)(i) of the IPC.
  • Factual Allegations: The prosecution alleged that on February 23, 2014, the respondent (the victim’s paternal uncle) entered her house while she was cooking, assaulted her, and was subsequently caught and beaten by her father and neighbors.
  • Initial Police Response: On the night of the incident, the police received a call regarding a “quarrel”. The father of the victim explicitly told the police at that time that the matter was a personal family issue he wished to resolve through compromise. Allegations of sexual assault only surfaced the following day.
  • Trial Court’s Findings: The Trial Court acquitted the accused because the belated disclosure of sexual assault raised the possibility of a “coloured version” being concocted. It also noted an admitted dispute regarding the tenancy of a jhuggi between the families, suggesting a motive for false implication.
  • High Court’s Analysis and Findings:
    • Scope of Interference: The Court emphasized that in an appeal against acquittal, it should only interfere if the lower court’s view is perverse or impossible.
    • Testimony Weaknesses: The Court found “material improvements” in the victim’s statements before the court compared to her earliest police statement, such as new details about the accused being drunk or asking her to perform religious worship.
    • Material Contradictions: A “material inconsistency” emerged regarding the door of the jhuggi; the victim claimed it was open, while her father claimed it was bolted with an iron nail that he had to remove to enter.
    • Conduct of the Father: The Court found it difficult to reconcile the father’s claim of witnessing a horrific assault with his immediate statement to the police that it was merely a “family quarrel”.
    • Lack of Corroboration: Despite claims that neighbors gathered and beat the accused, no independent witnesses were examined. Medical evidence was also neutral, as the victim’s mother refused an internal gynecological exam.
  • Final Decision: The Court held that the prosecution evidence failed to cross the threshold of “proof beyond reasonable doubt”. The appeal was dismissed, and the acquittal was upheld

2026 DHC 5405

State vs. Phool Chand (D.O.J. 07.07.2026)

2026 DHC 5405 click here to view full text of judgment

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NDPS Bail Granted: No legally admissible evidence other than a disclosure statement

July 10, 2026 No Comments

In Dawit HayelomBerhe vs. Narcotics Control Bureau, the Delhi High Court granted regular bail to an Ethiopian national accused of drug trafficking under the NDPS Act. Justice Girish Kathpalia observed that there was currently no legally admissible evidence against the applicant other than a disclosure statement and the recovery of USD 3,500/-. Relying on the principle of parity, the Court noted that two co-accused with similar roles had already been released on bail. Although bail was granted, the Court directed that due to the applicant’s expired visa, he must be handed over to the Foreign Regional Registration Office (FRRO) immediately upon the acceptance of his bail bond.

  • Case Background and Allegations: The applicant sought regular bail regarding Crime No. VIII/74/DZU/2022 involving offences under Sections 8, 21, 23, and 29 of the NDPS Act. The Narcotics Control Bureau (NCB) alleged that 4.98 kg of cocaine was seized from a co-accused, Dipali, who claimed in her confessional statement that she received the contraband from the applicant and another individual at a hotel in Mumbai.
  • Investigative Disclosures: Following their summons, the applicant and another accused allegedly disclosed that they were sent to India from Ethiopia with trolley bags containing cocaine. This information led to a further search and the recovery of 2.055 kg of cocaine from another co-accused, Kelemuwa, at a different hotel.
  • Arguments for the Applicant:
    • Counsel argued that the case against the applicant rested solely on an inadmissible disclosure statement and the recovery of USD 3,500/-, with no further evidence to justify detention.
    • The applicant sought parity, pointing out that two other co-accused with identical alleged roles had already been granted bail.
  • Position of the NCB: The Senior Standing Counsel for the NCB admitted that similar co-accused had been granted bail but argued that granting bail in such instances could hamper efforts to curb the drug menace in the country.
  • Court’s Findings: The Court determined that since there was no legally admissible evidence currently presented and parity was established, the applicant was entitled to relief. The judge explicitly noted the lack of substantial evidence beyond the disclosure statement.
  • Final Order and Conditions: The bail application was allowed, subject to the following:
    • A personal bond of Rs. 50,000/- with one surety of the same amount.
    • Because the applicant’s visa has expired, the Court directed the Jail Superintendent to hand him over to the FRRO once the bail bond is accepted.
    • A copy of the order was directed to be sent to the Jail Superintendent for communication to the accused.

2026 DHC 5460

Dawit HayelomBerhe vs. Narcotics Control Bureau (D.O.J. 08.07.2026)

2026 DHC 5460 click here to view full text of judgment

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Provident Fund: Time granted to deposit for revival of appeal

July 10, 2026 No Comments

In Mahagun India Pvt Limited vs. Regional Provident Fund Commissioner, the Delhi High Court granted a petitioner the opportunity to revive its statutory appeal before the Central Government Industrial Tribunal (CGIT), which had previously been dismissed for non-compliance with a pre-deposit condition. Justice Mini Pushkarna allowed the petitioner four weeks to deposit 40% of the assessed amount (approximately ₹2.51 crores), noting that the petitioner expressed readiness to comply with the financial requirement originally set by the CGIT. The Court directed that the appeal would stand revived immediately upon the deposit being made.

1. Procedural History and Nature of the Petition

The petitioner, Mahagun India Pvt Limited, filed a writ petition seeking to quash an order dated April 29, 2026, passed by the Presiding Officer of the CGIT-cum-Labour Court, Delhi-1. This order had dismissed the petitioner’s statutory appeal (Appeal No. D-1/23/2024) because the petitioner had failed to comply with an earlier pre-deposit order dated December 1, 2025.

2. The Original Pre-Deposit Order

In the December 2025 order, the CGIT considered a request for a waiver of the pre-deposit. The Tribunal observed that since the appeal was at the initial stage and the beneficiaries were unidentifiable, a total waiver of the deposit was not justified. Consequently, the petitioner was directed to deposit 40% of the total assessed amount of ₹6,27,44,486/- via a Fixed Deposit Receipt (FDR) in favor of the “Registrar CGIT”.

3. Submissions of the Parties

  • Petitioner: Learned counsel submitted that the petitioner was now ready to deposit the required 40%, which calculated to approximately ₹2,50,97,794/-, and requested a period of time to fulfill this obligation.
  • Respondent: The Regional Provident Fund Commissioner expressed no objection to granting the petitioner time to make the deposit. However, the respondent’s counsel suggested that the amount should be deposited directly with the respondent instead of the Registrar CGIT.

4. Court’s Analysis and Directions

The Court noted that the original CGIT order specifically directed the deposit to be made with the Registrar CGIT. Accordingly, the Court issued the following directions:

  • Extension of Time: The petitioner is granted four weeks from the date of the judgment to deposit the sum of ₹2,50,97,794/-.
  • Revival of Appeal: Upon deposit of the aforementioned amount, the petitioner’s appeal before the CGIT shall stand revived.
  • Release of Funds: The respondent is granted the liberty to move an application before the CGIT for the release of the deposited amount, which the Presiding Officer will then consider in accordance with the law.

5. Final Decision

The High Court disposed of the writ petition and all pending applications with these directions on July 6, 2026.

2026 DHC 5447

Mahagun India Pvt Limited vs. Regional Provident Fund Commissioner (D.O.J. 07.07.2026)

2026 DHC 5447 click here to view full text of judgment

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Labour Law: Payment of interest on pension grant – Liberty to make formal representations to respondent

July 10, 2026 No Comments

In Shobha Devi vs. Shailendra Kumar Singh (and several connected contempt petitions), the Delhi High Court disposed of a series of petitions regarding the payment of interest on pension grants for construction workers. Justice Mini Pushkarna noted that while the principal pension amounts had already been released to the petitioners following a 2023 judgment (Dulari Devi case), the respondent disputed the automatic entitlement to interest in every case. Rather than adjudicating the substantive right to interest within its contempt jurisdiction, the Court granted the petitioners liberty to make formal representations to the respondent, who was directed to pass a speaking order on the matter within six weeks.

1. Background and Context

The petitioners filed these contempt petitions alleging non-compliance with the directions issued in a 2023 judgment titled Dulari Devi Versus Delhi Building and Other Construction Workers Welfare Board & Anr. regarding the grant of pension.

2. Status of Payments

During the proceedings, the petitioners’ counsel informed the Court that the principal pension amounts had already been paid by the respondent. However, the current grievance was narrowed down specifically to the non-release of the interest component on those pension amounts.

3. The Respondent’s Objections

The respondent filed a reply disputing the payment of interest on several legal grounds:

  • Interpretation of Precedent: The respondent argued that the Dulari Devi judgment established a general legal principle regarding pension eligibility but did not mandate independent interest payments in every subsequent case.
  • Nature of Relief: It was contended that the original writ petitions did not contain express directions for interest, and therefore, compliance with the operative directions was completed upon the release of the principal benefits.
  • Jurisdictional Limits: The respondent asserted that contempt jurisdiction is limited to verifying deliberate disobedience and cannot be converted into execution proceedings for additional reliefs that were not specifically granted in the original order.

4. Court’s Directions and Disposal

In response to the respondent’s legal objections, the petitioners sought liberty to approach the respondent through administrative channels. Consequently, the Court issued the following directions:

  • Representation: The petitioners are permitted to make formal representations to the respondent regarding their claim for interest within four weeks.
  • Timebound Decision: Upon receiving these representations, the respondent must decide the matter expeditiously, preferably within six weeks, in accordance with the law.
  • Communication: The respondent is required to pass a speaking order and communicate the decision to the petitioners’ counsel via email.
  • Further Remedies: If the petitioners remain aggrieved by the respondent’s eventual order, the Court granted them the liberty to seek further legal remedies as available.

5. Final Conclusion

Finding that the substantive dispute over interest required a separate administrative or legal determination, the High Court disposed of the contempt petitions with the aforementioned directions to ensure an expedited resolution.

2026 DHC 5446

Shobha Devi vs. Shailendra Kumar Singh (D.O.J. 07.07.2026)

2026 DHC 5446 click here to view full text of judgment

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Refusal to Quash FIR: Forcible Abortion – Serious social offence.

July 10, 2026 No Comments

In Dinesh Chauhan & Ors. vs. State NCT of Delhi and Anr., the Delhi High Court refused to quash an FIR involving allegations of matrimonial cruelty and sexual misconduct despite a settlement between the parties. Justice Girish Kathpalia ruled that the inclusion of charges related to forcible abortion and violations of the Pre-Conception and Pre-Natal Diagnostic Techniques (PNDT) Act transformed the case from a private dispute into a serious social offence. The Court held that heinous crimes like female foeticide affect the interest of justice and society at large, and therefore cannot be quashed merely because the individuals involved have reached a compromise.

1. Nature of the Petition

The petitioners filed a petition under Section 482 of the CrPC seeking the quashing of FIR No. 378/2019 registered at Police Station Sarita Vihar. The request was based on the grounds that the de facto complainant (Respondent No. 2) had compromised her disputes with the petitioners.

2. Background and Charges

The FIR was initially registered for offences under Sections 323/509/34 of the IPC. However, several serious charges were subsequently added, including:

  • Section 313 IPC: Causing miscarriage without woman’s consent (forcible abortion).
  • Section 377 IPC: Unnatural offences.
  • Section 498A IPC: Matrimonial cruelty.
  • PNDT Act: Offences related to illegal sex determination.

3. Opposition by the State

The State strongly objected to the quashing of the FIR. The Additional Public Prosecutor (APP) pointed out that in her statement recorded under Section 164 of the CrPC, the complainant had levelled allegations of serious sexual misconduct and revealed that she was subjected to a forcible abortion and illegal sex selection procedures.

4. Petitioners’ Contentions

Counsel for the petitioners argued that the petition should be allowed because the complainant had agreed to the quash and the marriage between the complainant and Petitioner No. 1 had already been dissolved.

5. Court’s Findings and Reasoning

  • Social vs. Private Offences: The Court distinguished between “personal violations” between two individuals and “social offences”. It held that allegations of sex determination and female foeticide fall into the category of heinous social crimes.
  • Interest of Justice: The Court emphasized that when offences are of such a grave nature, the mere fact that the parties have settled does not warrant quashing the case. The interest of justice requires the prosecution to continue for crimes that impact society’s moral fabric.
  • Status of Investigation: The Court noted that a chargesheet regarding these serious allegations was soon to be filed.

6. Final Conclusion

Finding that the case was not a fit one for the exercise of its discretionary powers to quash an FIR, the Court dismissed the petition and the accompanying application.

2026 DHC 5427

Dinesh Chauhan & Ors. vs. State NCT of Delhi and Anr.(D.O.J. 07.07.2026)

2026 DHC 5427 click here to view full text of judgment

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