GAUTAM KHANNA Vs. THE STATE (NCT OF DELHI)

JUDGEMENT

(1.) Challenge in this appeal is to a judgment dated 22.07.2006 of learned Addl. Sessions Judge in Sessions Case No. 24/04 arising out of FIR No.334/02 PS Pahar Ganj by which the appellant Gautam Khanna was held guilty for committing offence under Section 376 IPC and by an order dated 24.07.2006, he was sentenced to undergo RI for seven years with fine Rs. 5,000/-.

(2.) Briefly stated, the prosecution case as reflected in the chargesheet was that on the night intervening 12/13.06.2002 at 11/43, Tilak Nagar, New Delhi, the appellant committed rape upon the prosecutrix 'X' (assumed name) after she was administered some stupefying, intoxicating substance in milk by his wife Divya (since acquitted). Both the appellant and Divya were sent for trial. However, the prosecution was unable to substantiate its case against Divya as a result of which she was acquitted by the impugned judgment. It is relevant to note that State did not challenge the said acquittal.

(3.) On 01.07.2002, 'X' went missing from her house and could not be located. PW-3 (Joginder Singh), her father, lodged 'missing person report' (Ex.PW-1/A) on 03.07.2002 suspecting the involvement of the appellant and his wife in her kidnapping. The Investigating Officer lodged First Information Report on 03.07.2002. Subsequently, 'X' was recovered from Patel Nagar. She was medically examined; she recorded her statement under Section 164 Cr.P.C. The accused persons were arrested.