Criminal Case No. 55/13
Delhi District Court
BENCH: Hon’ble SH. MAHESH CHANDER GUPTA J.
DATE OF JUDGEMENT: 22nd December 2014
RELEVANT ACTS/SECTIONS:
- Section 376 IPC (Punishment for rape)
- Section 328 IPC (Causing hurt by means of poison, etc., with intent to commit an offence)
- Section 34 IPC (Acts done by several persons in furtherance of common intention)
BRIEF FACTS OF THE CASE
On 02/09/2012, the prosecutrix has got recorded her statement that she lives with her family and runs a grocery shop. She is having two children. Her marriage had taken place fourteen years back. In her neighbourhood, one lady by the name Pooja lives, whom she knows. She also knows one boy named
Sanjay who brings water tanker in their area. On 08/08/2012, in the evening time, Pooja called her and she went to her (Pooja) house. At that time, Sanju had also come there. They all three had food at the house of Pooja and she (prosecutrix) after food drank the water and in the water, Pooja had mixed something due to which she had light intoxication. In that intoxicating state, Sanju forcibly committed rape upon her. Thereafter, she (prosecutrix) came back to her house. Due to shame, she did not disclose the said incident to anyone. Due to which she started remaining perturb and in this perturbation in the evening of 10/08/12, she swallowed sleeping tablets. Due to which, her condition became worse and her neighbour Marjina took her to the hospital, where her medical examination got conducted. Police registered FIR against Pooja and Sanju u/s 328/376/34 IPC. Accused Pooja and Sanju was arrested and their medical examination got conducted. The sealed exhibits were sent to the FSL. In courtroom during cross-examination, she stated that there was a transaction of money between her and accused Sanju or that when accused Sanju demanded his money back which she did not pay and for this reason, she falsely implicated in this case.
FORENSIC REPORT
All the exhibits found were examined by Ms. Anita Chhari, Senior Scientific Officer (Biology−DNA Unit), FSL Rohini, Delhi, and there were incised wound on right wrist, no injury marks over rest of the
Body. Also, it was noticed that no blood and neither any semen could be detected on any of the exhibits.
JUDGEMENT
Accused Pooja and Sanjeev were acquit for the offence punishable u/s 328/34/376 IPC.