STATE Vs. CHANDER SHEKHAR & ANR

JUDGEMENT

(1.) The State seeks leave to appeal against the judgment and order dated 26.02.2009 whereby the learned Additional and Sessions Judge acquitted the respondent-1 Chander Shekhar of the charges of having committed offences punishable under Sections 363/366/342/354/34 and 376 IPC and also acquitted respondent-2 Lalita of similar charges except Section-376, IPC with which she was not charged.

(2.) According to the prosecution, SI Raghubir Singh Yadav went to 20/8, Shahbad Dairy on 01.10.2002, and found a crowd gathered there. The prosecutrix (referred to as P) recorded her statement alleging commission of various offences. In that statement, P alleged that on 30.09.2002 around 03:00 PM, Lalita who was her parents' neighbour together with Chander Shekhar (known previously to her) came to her jhuggi at ITO i.e. her matrimonial home. She was alone at that time. Lalita told P that her daughter was missing and since she was friendly, she ought to help in tracing her. It was alleged that P accompanied the accused to Model Town and at around 8:00 PM, they took her to Chander Shekhar's office, which is located at Shahbad Dairy. P asked the accused why they had taken her there. The accused forcibly took her to the first floor; three girls were already there i.e. Sunita, Aarti and Bitoo (who deposed during the trial as PW-5, PW-6 & PW-9). Lalita allegedly shut the door and both the accused started slapping and beating up P, trying to elicit the whereabouts of Janki, Lalita's daughter. P, the prosecutrix stated that she was not aware of the whereabouts of Janki; Lalita threatened her. It was alleged that at around 02:00 AM, after consuming alcohol, the accused locked the other three girls in the toilet besides the staircase. Lalita removed P's clothes and Chander Shekhar raped her and threatened her with dire consequences in case she revealed anything to anyone else. She was made to sit in the corner of the room and other girls were called in. It was alleged that Lalita asked her to take a bath; she complied with the demand. She was asked to leave her clothes and given Janki's clothes by Lalita. All the four girls were sitting in the room. At around 04:00 AM, one of the girls, Aarti, managed to get out and raised an alarm as a result of which, people gathered. The accused quietly slipped away from the office. On the basis of these allegations, FIR No.254/2002 was registered at PS Bawana.

(3.) The accused were arrested and after conclusion of investigation charged with committing the offence mentioned previously. They claimed to be innocent and sought trial.