SHANTA SHASTRI Vs. STATE AND ORS.

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment dated 13.7.2011 wherein the respondent (Vijender Kumar) stands acquitted for the offences under Sections 376/506 of the IPC. The complainant/appellant is aggrieved by this judgment.

(2.) THE version of the prosecution is that the complainant/PW -1 (hereinafter referred to as "PW -1") was subjected to rape by the appellant on three different occasions, this was on 17.9.2007, 15.10.2007 and 04.12.2007; on the last date i.e. on 04.12.2017 (which was a typographical error and was later on amended to be read as 05.12.2007) as attempt to rape had been made. The victim being a married lady and working as a teacher in a Government School in Paschim Vihar had not disclosed the incident to her husband till March, 2008 as she was under fear of the respondent. He had threatened her that in case she disclosed the incident to any person she and her son would be killed. The FIR was finally registered on the complaint (dated 29.5.2008) made by the prosecutrix on 03.06.2008.

(3.) IN the statement of the accused recorded under Section 313 Cr.P.C. his defense was that the story has been cooked. He has been falsely implicated.