DIVYA Vs. STATE & ANR

JUDGEMENT

(1.) Crl.M.A.No.19003/2014 (Exemption)

(2.) A missing report dated March 17, 2011 was lodged by Sushil Kumar, father of 'D' stating that his daughter had gone with his sister PW-9 by Metro and thereafter she went missing. Same day PW-9 also made a complaint that on March 16, 2010 she along with the prosecutrix boarded the Metro from Laxmi Nagar to go to Bangla Sahib Gurudwara. 'D' got down from Metro at Rama Krishna Ashram Metro Station but PW-9 could not and when she got down at Jhandewalan Metro Station and returned at Rama Krishna Ashram Metro Station she could not find 'D'. She returned home and informed her brother PW-2 who got lodged the complaint. On March 19, 2011 'D' reached her home and thus her statement was recorded and she was medically examined. 'D' stated that after alighting at Rama Krishna Ashram Metro station she returned to Rajiv Chowk Metro Station but being scared of getting scolded she made a call to respondent No.2 who used to reside in the same street. Respondent No.2 came to Connaught Place after 20-25 minutes and from there he took her to Meerut at his aunt's place. It is the allegation of 'D' that at Meerut respondent No.2 had forcibly sex with her. On March 19, 2011 when respondent No.2 came to know from his uncle that father of 'D' had lodged a complaint he brought 'D' to Delhi and left her at Laxmi Nagar Metro Station.

(3.) As per the prosecution the date of birth of 'D' is January 03, 1996. Thus on the date of incident i.e. March 16, 2011 she was a minor and her consent was immaterial. 'D' in the witness box reiterated her version as recorded in her statements under Section 161 Cr.P.C and 164 Cr.P.C with addition that in her statement under Section 164 Cr.P.C she stated that respondent No.2 had sex with her 9-10 times during night which she reiterated in the witness box. As per the MLC of the prosecutrix her hymen was intact and the FSL report Ex.PW-13/D gave negative of semen from the vaginal swabs and cervical collection.