STATE Vs. RAHUL

JUDGEMENT

(1.) Feeling aggrieved with the impugned judgment dtd. 20/10/2011 passed by learned ASJ/ Special Judge (NDPS) (West Delhi) in Sessions Case No.47/2010, arising out of FIR No.45/2010 under Ss. 376/377 IPC registered at Police Station - Nabi Karim, the present appeal has been filed on behalf of the State. By way of the impugned judgment, the Sessions Court has acquitted the accused/respondent by granting him benefit of doubt by holding that the prosecution has failed to prove its case beyond any reasonable doubt.

(2.) As per the case of the prosecution, on 22/4/2010, at about 2.00 PM, the victim while returning from school wanted to ease herself and had gone to the public toilet situated at Multani Danda, Paharganj, Gali No.6. The accused followed her and forcibly took her to male toilet, where he removed her underwear and frock (top) and made her to lay down on the floor and committed rape upon her. The accused put his hand on the mouth of the victim and did not allow her to scream. In the meantime, one lady, PW9 heard the noise from the male toilet. She came to the male toilet and saw the accused being held by one 'K', who was known to PW9, being a resident of the same neighborhood in the area. She saw that blood was coming from the private parts of the victim. Accused succeeded in making himself free from the clutches of 'K' and ran away. The accused was apprehended on 29/4/2010 and taken to police station. The matter was not reported to the police before 29/4/2010. The clothes worn by victim at the time of the incident were not traceable as the same were allegedly thrown away by paternal Aunt of victim, PW8.

(3.) Charge was framed against the accused/ respondent herein for committing an offence punishable under Ss. 376/377 IPC. He pleaded not guilty and claimed trial.