STATE Vs. DEVANAND

JUDGEMENT

(1.) Present appeal has been preferred against the judgment dtd. 5/2/1999 passed by the learned trial court in FIR No.89/96, registered at Police Station Rohini, New Delhi for the offence punishable under Sec. 376/34 IPC.

(2.) The case of the prosecution, as noted in the impugned judgment, is that on the night of 26/3/1997, a PCR call was received and the Police was informed that the prosecutrix, aged 45 years, had gone to House No.17, Jaina Apartment to give food to her brother Deva Anand, however, when she did not return, her son Kailash went to the said flat and found that his mother was lying in an unconscious condition. She was taken to the DDU Hospital, where she refused to make a statement, however, upon her return to her house, she alleged to have been raped by the accused persons. On her compliant, FIR in question was got registered; accused persons were arrested; investigation mobilzed; chargesheet was filed; charge under Sec. 376/34 IPC was framed and the accused persons were put on trial.

(3.) In support of prosecution case, prosecution examined six witnesses. PW-1 Dr. Debas is doctor who had conducted medical examination of the accused; PW-2 is the prosecutrix; PW-3, Ct. Surender Kumar is Investigating Officer of this case; PW-4 Dhiraj is SOS daughter of prosecutrix; PW-5 SI Lata Sachdeva, on receipt of rukka had registered the FIR in question at CAW Cell, Ashok Vihar, New Delhi and PW-6 is the Clerk from DDU Hospital who was brought into the dock to prove the MLC of the prosecutrix.