Criminal Case No. 268/13
Delhi District Court
BENCH: Hon’ble SH. MAHESH CHANDER GUPTA J.
DATE OF JUDGEMENT: 22nd November 2014
RELEVANT ACTS/SECTIONS:
- Section 376(2)(e) IPC (commits rape on a woman knowing her to be pregnant; or)
BRIEF FACTS OF THE CASE
On 01/07/2013, prosecutrix with her mother got recorded her statement that she studies in 12th Class. About 3 years ago, she and her family used to live at Sultan Puri, Delhi and at that time she used to study in 9th Class. At that time, she and her family members used to go to Nirmal Hospital for taking
medicine etc. and there, her friendship developed with Amit who was working in the Nirmal Hospital and her mother admitted in Nirmal Hospital for 3/4 days and during the day time, she used to stay with her mother in the hospital, one day Amit took her to a room on the second floor of the Hospital and established physical relations with her and she had protested for the making of the physical relations by Amit but Amit had promised to marry with her. She met him a few times and the physical relations were kept on between them. In this manner, her friendship with Amit kept on going for the last three years and Amit continuously kept on making physical relations with her. Amit, on the false pretext of marriage, established physical relations with her and has spoiled her life. Police recorded her statement and took her to SGM Hospital where her medical examination got conducted. Also registered FIR against DR. Amit Gupta u/s 376. and Amit was arrested.
FORENSIC REPORT
All the exhibits found were examined by Ms. L. Babyto Devi, SSO (Biology/DNA), FSL, Rohini, Delhi and it clearly shows that semen was not detected on exhibit. There is no history of physical assault. The patient has changed her clothes and has taken bath no. of times.
JUDGEMENT
Amit was acquited for the offence punishable u/s 376(2)(n), as amended by the Criminal Law. There is nothing on record to indicate that about three years before 01/07/2013, in a room at 2nd floor of Nirmal Hospital, Sultan Puri accused Amit committed rape upon prosecutrix on the false pretext of marriage or that thereafter he continuously established physical relations with her on the false pretext of marriage till 1½ months before 01/07/2013.