STATE Vs. NASHRULLA @ NAJRULLA @ BABBIA

JUDGEMENT

(1.) State has preferred the instant appeal to challenge the legality and correctness of a judgment of learned Addl. Sessions Judge, Dwarka Courts, New Delhi in Sessions Case No.28/10 arising out of FIR No. 280/09 under Section 376 IPC registered at Police Station Palam Village by which the respondent Nashrulla @ Najrulla @ Babbia was acquitted of the charge. It is contested by the respondent.

(2.) I have heard the learned counsel for the parties and have examined the file. Allegations against the respondent were that on 25.08.2009 before 10.45 p.m., the prosecutrix 'X' (assumed name) aged around 5 / 6 years was sexually assaulted. On that day, at about 10.45 p.m., one Anand Singh passing from Red Light of Sector 2, 6 and 5, Dwarka on motorcycle found 'X' wearing only underwear and carrying a T-shirt in her hands near bushes. She had blood stains on her body parts and was crying. Anand Singh informed the police and FIR No.280/09 came into existence. 'X' was taken for medical examination. Her family members were informed. The assailant could not be identified / arrested.

(3.) On 10.10.2009, the respondent was arrested in case FIR No.284/09 PS Binda Pur and pursuant to disclosure statement recorded by him, the Investigating Officer arrested him in this case and took him on police remand. He allegedly recovered a black colour shirt worn by him at the time of incident. During investigation, he was identified by 'X' in judicial Test Identification Proceedings. Statements of witnesses conversant with the facts were recorded. After completion of investigation, a charge-sheet was filed against the respondent. The prosecution examined 21 witnesses to establish his involvement in the crime. In 313 statement, the respondent denied his involvement in the crime and pleaded false implication. The trial resulted in his acquittal as mentioned previously. Being aggrieved and dissatisfied, the State has come in appeal.