STATE (NCT OF DELHI) Vs. MAHADEV

JUDGEMENT

(1.) The present leave petition has been preferred by the petitioner-State under the provisions of Sec. 378(1) Cr.P.C. seeking leave to appeal against the judgment dtd. 28/5/2019 passed by the learned trial court in FIR No.347/2008, registered at Police Station Bawana, Outer District, Delhi, whereby the respondents/accused have been acquitted of the offences punishable under Ss. 363/366/376/ 377/506/ 342/34 IPC.

(2.) The brief facts of the present case, as narrated in the present petition, are that on 13/14/6.2006, the prosecutrix, who was studying in class VII, was going to her school. The respondent No.1/accused- Mahadev proposed her for friendship, however, when as she refused, he felt offended and one day, he forcibly put her in a car and committed rape upon her. The prosecutrix was dropped at some distance near the market and since respondent No.1/accused had threatened her of life, she felt frightened and did not disclose it to anyone, including her family members. The prosecutrix was once again dragged into the car by respondent No.1/accused while she was going to market. He took her to a deserted place and committed rape upon her. Respondent No.1/accused promised her of marriage and on this assurance, he took her to Mukundpur and kept her in illegal confinement where he daily raped her. After a week, parents of the accused came there and finding her in their house, kept her in their illegal confinement. The prosectrix became pregnant and gave birth to a female child. She was not allowed to step out of the house. She was also raped by father of respondent No.1/accused in May, 2008, which was duly supported by his wife, respondent No.2-Jai Shree. Even one of the friends of respondent No.1- accused also committed rape upon her.

(3.) The prosecutrix wanted to commit suicide. However, one day while respondent No.2- Jai Shree had left the door slightly opened, the prosecutrix along with her child left the house and reached her parent's home. She disclosed the whole incident to her mother and lodged a complaint at police station Shahbad, Delhi, however, no action was taken. So, the prosecutrix filed a petition under Sec. 156(3) Cr.P.C. and on the directions of the court, FIR in question was registered at the police station Shahbad, Delhi.