STATE Vs. MUNAZIR ALAM @ MUNNA

JUDGEMENT

(1.) Crl. M.A. 17587/2011 in Crl. L.P. 533/2011

(2.) The State seeks leave to appeal against the judgment and order of the learned Addl. Sessions Judge dated 18.01.2011 in S.C. No. 06/10/08. The respondent (accused before the Trial Court) has been acquitted of the charges punishable under Sections 376/307/506 IPC.

(3.) The prosecution case was that the police received information through D.D. Entry No. 8A on 06.10.2007 that a girl, "X", aged 14 years, resident of Sant Nagar had been admitted on account of burn injuries, allegedly caused by a boy (i.e. the accused). "X" deposed in the proceedings as PW-4. The concerned police officer, SI Jospha reached the hospital and found other police officers present there. Statement of the victim was recorded in the presence of one Siyaram and she made endorsement over that for registration of case. The victim alleged that she had studied upto Class-III in Sant Nagar. She further alleged that on 24.09.2007, she was alone at home as she was not well and, therefore, had not gone to school. At about 09.30 AM, when she was cleaning the house, the accused entered the house and shut the door. He allegedly caught hold of her and threatened that he would kill her parents. He took-off all her clothes and allegedly committed rape on her. It was further stated that in the meanwhile, her elder sister, Suman returned and she was able to open the door as it was not fastened properly. PW-4 stated that the accused tried to run away with his clothes. She also stated that soon afterwards - five minutes later - he returned and stated that she would remember her condition before seeing anyone; poured kerosene on her and set her on fire. According to PW-5, she tried to save "X" by pouring water; the accused thereafter returned a second time and tried to save "X", along with Suman and took her to the hospital.