ROHIT & ORS. v. STATE GOVT. OF NCT OF DELHI AND ORS.
CRL.REV.P./578/2026 · 2026-09-28
Amit Bansal
body2026
DailyLaw.ai
[ 2026 DAILYLAW 20091 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 20091 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRL.REV.P. 578/2026 $~108 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010465422026 + CRL.REV.P. 578/2026 & CRL.M.A. 30369/2026, CRL.M.A.
30370/2026, CRL.M.A. 30542/2026 ROHIT & ORS. .....Petitioners Through: Mr. Kuldeep Nagar, Advocate (Through video-conferencing) versus STATE GOVT. OF NCT OF DELHI AND ORS. .....Respondents Through: Mr. Mukesh Kumar, APP for State CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 28.09.2026 CRL.M.A. 30542/2026 (exemption)
1. Allowed, subject to all just exceptions. CRL.REV.P. 578/2026
2. The present revision petition has been filed seeking setting aside of the impugned order dated 22nd April, 2026, passed by the Trial Court whereby the application filed on behalf of the petitioners for recall of PW-1/ victim for the cross-examination has been dismissed. 3. The FIR no. 240/2024 dated 28th March, 2024, under Sections 354/354B/506/509 of Indian Penal Code, 1860 (‘IPC’) and Section 8 of Protection of Children from Sexual Offences Act, 2012 (‘POCSO’) was registered at P.S. Okhla Industrial Area, Delhi. This is a digitally signed order. 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 30/09/2026 at 11:41:34
CRL.REV.P. 578/2026
4. Subsequently, vide order dated 20th September, 2024, charges were framed under Sections 363/376/354D/506/34 of IPC and Sections 6/12 of the POCSO. The case was listed for prosecution evidence on 5th January, 2025 for cross-examination of the victim. However, counsel for the petitioner did not cross-examine the victim as he was not available. Subsequently, an application was filed on behalf of the petitioner seeking a fresh opportunity for cross-examination of the victim, which has been dismissed by the impugned order. 5. I have heard counsel for the parties. 6. Even though the petitioners were negligent in not cross-examining the victim on the date fixed, this Court is of the view that it would be in the interest of justice if another opportunity is granted to the petitioners to cross- examine the victim, subject to payment of costs of Rs. 10,000/- to Delhi High Court Legal Services Committee (‘DHCLSC’). 7. Accordingly, the impugned order dated 22nd April, 2026 is set aside. 8. The Trial Court would permit the petitioners to cross-examine the victim on the next date of hearing fixed before the Trial Court. 9.
The prosecution shall produce the PW-1/victim on the said date of hearing. 10. The present petition along with pending application(s) stands disposed of. AMIT BANSAL, J SEPTEMBER 28, 2026 at This is a digitally signed order. 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 30/09/2026 at 11:41:34