STATE Vs. SANDEEP SHARMA

JUDGEMENT

(1.) The present petition has been filed by the petitioner/State under Section 378(1)(b) Cr.P.C. praying inter alia for grant of leave to file an appeal against the acquittal order 6.3.2012 passed by the learned ASJ, Saket Court, in SC No. 10/2006/2010, arising out of case FIR No. 775/2004 (Ex. PW-3/A) lodged under Sections 367/377/506/323/34 IPC at PS Kalkaji, Delhi. The brief facts of the case as set up by the prosecution and relevant for deciding the present petition are that on 28.8.2004, at about 8.00 AM, when the complainant, Imran Khan was travelling in a public bus along with his friend Amjad Khan, four persons, namely, Mohd. Yunus @ Chhotu Bihari (accused No. 3), Sandeep Sharma @ Tittoo (accused No. 1), Dinesh (accused No. 2) and one Shakeel had forced him out of the bus and had taken him in a TSR to a locked factory premises at Lakkarpur Jungle, where he was assaulted and his clothes were removed whereafter, accused No. 1 had caught his hands and made him kneel, accused No. 2 threatened him with a knife and accused No. 3 had sodomised him. Thereafter, all the accused persons had threatened to kill the complainant if he informed anybody or made any noise and they took him to Okhla Service Road, T-Point R.D. Marg in a TSR and dropped him there. The complainant reached the police station at 11.00 AM and made a complaint. After 4-5 hours of waiting at the police station, he was sent to AIIMS for a medical examination. The subject FIR came to registered at 9.05 PM.

(2.) Initially, accused Nos. 1 & 2 were arrested on 31.8.2004 and a charge-sheet was filed against them on 18.10.2004. Accused No. 3 was arrested after a month, on 18.11.2004. However, Shakeel could not be arrested by the police. Vide order dated 27.7.2006, the Sessions Court charged all the accused with offence punishable under Sections 367/377/506/323/34 IPC.

(3.) Initially, the case was tried by the learned MM, who had proceeded to record the testimony of the prosecution witnesses and that of the accused persons under Section 313 Cr.P.C. At that stage, having noticed the fact that an offence under Section 367 IPC is exclusively triable by the Sessions Court, the case was committed to the Sessions Court.