STATE Vs. SONAL SAHANI

JUDGEMENT

(1.) The State has filed the present petition seeking leave to appeal against a judgment dtd. 13/7/2016 passed by the ASJ (Spl. FTC), Rohini Courts, Delhi (hereafter the 'impugned judgment'), whereby the respondents (five in number) were acquitted of the offences punishable under Ss. 376/406 of the Indian Penal Code, 1860 (IPC) and Sec. 4 of the Dowry Prohibition Act, 1961.

(2.) It is the petitioner's case that the impugned judgment is bad in law inasmuch as, the Trial Court has held the delay in filing an FIR in the case to be fatal to the case of the prosecution. Further, the petitioner contends that the Trial Court erred by not convicting the respondents based on the sole testimony of the prosecutrix, which is sufficient to prove the prosecution's case.

(3.) The prosecution's case, in brief, is that respondent no. 1 raped the prosecutrix on 14/2/2010 who, at the material time, was aged fifteen years and had done so on several occasions prior to the said date. Respondent no. 1 was engaged to the prosecutrix on 12/7/2008 and it is alleged that on the said occasion, he was gifted a motorcycle, gold chain, cash etc. but, subsequently, a further demand of Rs.5.00 lakhs was made by the respondents from the family of the prosecutrix for redecorating their house. It is also stated that in case of not acceding to the respondents' demand, the respondents threatened to kill the brother of the prosecutrix. Thereafter, respondent no. 1 started pressuring the prosecutrix to establish physical relationships with him stating that there was no difference between an engagement and a wedding. And, on the pretext of taking the prosecutrix to meet his family members, he took her to his house where he forcibly established a physical relationship with her and thereafter, continued to do so several times.