STATE Vs. RAVI KUMAR

JUDGEMENT

(1.) Being aggrieved by the acquittal of the Respondent/Accused Dr. Ravi Kumar in Sessions Case No.101/10, FIR No.241/2004, under Sections 366/376/377 IPC, P.S. Sarojini Nagar, the State is seeking leave to appeal under Section 378(1) Cr.P.C. against the judgment/order dated 03.02.2011 passed by the learned Addl. Sessions Judge, New Delhi.

(2.) In brief, the prosecution case is that on 12.05.2004 at around 9:30 a.m., the Prosecutrix had gone to Safdarjung Hospital for treatment of her nasal bone. At around 12 noon, she met Dr.Ravi, who enticed away the Prosecutrix and took her to his hostel. There the Prosecutrix asked for a glass of water from Dr. Ravi and after the glass of water offered by the Respondent was taken by the prosecutrix, she started feeling giddiness and became unconscious. At around 6 p.m., when the Prosecutrix regained consciousness, she found herself without any cloth on her body and that Respondent, Dr. Ravi had physical relations with her. She remained there during night. On 14.05.2004, Dr.Ravi left her near her home. She narrated the incident to her mother, who brought her to the Police Station on 15.05.2004. In her statement made to the Police, she requested for necessary legal action against the Respondent/Accused, Dr.Ravi Kumar. Thereafter, the Prosecutrix was medically examined and her statement under Section 164 Cr.P.C. was recorded. After completion of investigation, charge-sheet was filed in the Court. After the case was committed to the Court of Sessions, the Prosecution examined 22 witnesses in all to bring home the guilt of the Respondent/Accused. Statement of the Respondent/Accused was recorded under Section 313 Cr.P.C. After trial, the Respondent/Accused was acquitted of the charges.

(3.) State is seeking leave to appeal on the following grounds:-