Criminal Case No. 15/13
Delhi District Court
BENCH: Hon’ble SH. MAHESH CHANDER GUPTA J.
DATE OF JUDGEMENT: 2nd February 2013
RELEVANT ACTS/SECTIONS:
- Section 376 IPC (Punishment for rape)
BRIEF FACTS OF THE CASE
On 01/06/2010, prosecutrix presented a written complaint regarding committal of rape upon her by Raj Kumar Gupta. In the statement, the prosecutrix has stated that she lives in village Rani Pura, with her mother and two brothers and sisters. Last year, she along with her mother had gone to Delhi for doing the labour job. She started work under Dilip Thekedar. After 3 month Raj Kumar Gupta also started living sector 22 and made acquaintance with them. While living in the neighbourhood he inducing her and committed three times intercourse in a month. After 1 month she along with her mother shifted back to her village. On 31/05/2010, Raj Kumar Gupta came to village intending to kill her, when she told villagers about this incident Raj Kumar Gupta fled from there. Police recorded her statement and register FIR u/s 376. Police took her to the district hospital where her medical examination got conducted. Police started an investigation and were made efforts to traced out Raj Kumar Gupta. On 02/12/2010, Raj Kumar Gupta was arrested and got medically examined in Sanjay Gandhi Hospital and exhibits were sent to FSL, Rohini.
FORENSIC REPORT
The exhibits found were examined in FSL, Rohini, Delhi and it was noticed that no blood and neither any semen could be detected on any of the exhibits. According to the examination of prosecutrix, she is habitual for sexual intercourse. The clothing of the patient-worn by her at the time of the incident was not brought by her at the time of examination and it is also noticed that alleged incident is committed in the mid of May 2010 and the prosecutrix was got medically examined in June 2010 and it cannot be ruled out that prosecutrix must have taken the bath, changed her clothes and must have answered the call of nature several times and for the said reasons it appears that the semen could not be detected on exhibit. The biological and serological evidence on record it clearly shows that blood was detected on exhibit and semen could not be detected on exhibits of the prosecutrix. The whole case of the prosecution hinges on the testimonies of the prosecutrix.
JUDGEMENT
Raj Kumar Gupta was convicted for the offence punishable u/s 376.