Criminal Case No. 285/13
Delhi District Court
BENCH: Hon’ble SH. MAHESH CHANDER GUPTA J.
DATE OF JUDGEMENT: 16th December 2015
RELEVANT ACTS/SECTIONS
- Section 376 (Punishment for rape)
- Section 506 (Punishment for criminal intimidation)
- Section 328 (Causing hurt by means of poison, etc., with intent to commit an offence)
- Section 66E IT ACT (Punishment for violation of privacy)
- Section 67A IT ACT (Punishment for publishing or transmitting of material containing the sexually explicit act, etc., in electronic form)
BRIEF FACTS OF THE CASE
On 20/06/2013 Prosecutrix made the statement that she lives with her father and younger sister. Her mother has since expired about three years back due to some disease. She is working in Ishan Hospital for the last about 1 year. A person name Ajay also works in the hospital. About 10−15 days back in the morning she was on her duty in the hospital and she went to the basement of the hospital for taking the register, wherein the room Ajay was standing, he called her to him and made her smell a handkerchief, after which she started feeling giddy and she was not in her consciousness as to what was done with her, after 2 hours she regained consciousness and saw that all her clothes had been removed and she had been raped. Due to fear and shame, she could not gather the courage to disclose the incident to anyone. One week thereafter, her friend Aarti told her that Ajay has made an obscene video of his and her (prosecutrix) in her (Aarti) mobile phone, then she asked Ajay regarding this video on which he said that he has prepared this video to defame her and if she disclosed about his video to anyone or will make the complaint with the police then he will kill her, due to this fear she did not make any complaint to the police. Police recorded her statement u/s 164 CrPC and also recorded the statement of Arti as a witness u/s 161 CrPC. Police registered FIR against Ajay u/s 328/376/506 IPC & 66E, 67A IT Act. Accused Ajay was arrested. But in court, it has proved that nothing happened with her. On the intimidation of her friend Aarti, who was having enmity with accused Ajay and she had induced her, if she would not get register an FIR then she would be sent to jail and she had further told her that she is not having her mother and her father does not keep well and accused Ajay is having some video in which she is being shown/ picturized and for this, she would go to jail and thus on the inducement under the pressure of Aarti, she got registered the false case against accused Ajay, though nothing was committed upon her by accused Ajay.
FORENSIC REPORT
All the exhibits found were examined Ms. Sunita Gupta, Senior Scientific Officer (Biology), FSL Rohini, Delhi, and it was noticed that no any blood was detected in the car and neither any semen could be detected on any of the exhibits.
JUDGEMENT
Ajay was acquited for the offence punishable u/s 376/506/328 IPC& u/s 66E, 67A IT Act.