SHASHI CHAUDHARY Vs. RAM KUMAR

JUDGEMENT

(1.) The present petition is filed by the Petitioner under Sections 397/401 of the Cr.PC against the judgment and order dated 23.05.2009 passed by the Additional Sessions Judge, Karkardooma Courts, Delhi, in a case arising out of FIR No. 129/2008 lodged by the Petitioner/prosecutrix against Respondent No. 1/accused under Sections 376/506 IPC, registered with Police Station: Mandawali, Delhi.

(2.) The conspectus of the case, as per the prosecution, is that on 03.04.2008 at 10:30 PM, Respondent No. 1/landlord of the Petitioner/complainant/prosecutrix had entered her house, threatened her and sexually assaulted her. The statement of the Petitioner was recorded on 05.04.2008, wherein she had stated that on the very next day of the incident, i.e., on 04.04.2008 at about 8:00 PM, Respondent No. 1/landlord had quarrelled with her and beaten her up. After the investigation was completed, charge-sheet was filed and Respondent No. 1/accused was charged vide order dated 09.07.2008 for the offences punishable under Sections 376/506 IPC, to which he pleaded not guilty and claimed trial.

(3.) To support its case, the prosecution examined 10 witnesses. The important witnesses were PW-1, the prosecutrix, PW-4, Dr. Sunita Yadav and PW-5, HC Amarjit Singh. Respondent No. 1/accused was examined under Section 313 Cr.PC. He claimed to be innocent and submitted that he had been falsely implicated in the case by the complainant because of a dispute with her regarding the non-payment of rent of the tenanted premises payable @ 3,500/- per month, for a period of three months apart from outstanding electricity charges. No other witness was examined by Respondent No. 1/accused.