MURTI DEVI Vs. STATE

JUDGEMENT

(1.) Crl.M.A.9829/2005

(2.) Briefly stated the prosecution case as set up in the chargesheet was that on 8.7.1992 at around 2.00 p.m., the appellant abetted coaccused Rajinder @ Dhaduka to commit rape upon the prosecutrix 'X' (assumed name), aged 15 years, at house No.230 Village Dhir Pur, Delhi.

(3.) I have heard the learned counsel for the parties and have examined the file. Allegations against the appellant are of assisting and aiding her brother-in-law Rajinder in committing rape upon the prosecutrix 'X'. It is not in dispute that 'X' and her mother PW-4 (Nafisa) lived as a tenant on the first floor of the house for the last one year whereas the accused persons lived on the ground floor. The parties had visiting terms.