STATE Vs. PRADEEP BARIK

JUDGEMENT

(1.) JUDGMENT of acquittal dated 4.3.2013 passed by learned Additional Sessions Judge -Special Fast Track Court, Dwarka Courts, Delhi, in Sessions Case No. 59/2013, in case FIR No. 51/2010, registered under Sections 376/511 IPC at Police Station Inderpuri, has led to the filing of the present Criminal Leave to Appeal petition under Section 378(1) of the Code of Criminal procedure.

(2.) LEARNED Additional Public Prosecutor for the State submits that the learned trial court has passed the impugned judgment on hypothetical presumption, conjectures and surmises; the judgment passed by the trial court is perverse and lacks legality; and thus has resulted in grave miscarriage of justice. It is further submitted that the statements of the prosecutrix recorded during investigation and before the Court are consistent regarding the role of the respondent and hence brings out the guilt of the respondent. It is also urged before this Court that the FIR was lodged on 14.3.2010 and, thus, there was no delay in lodging the FIR. Learned APP for the State further submits that based on the depositions made by PW -4, prosecutrix and PW -5, there would be no room for doubt that the respondent had attempted to rape the prosecutrix and outrage her modesty. It is next contended that the contradictions, if any, in the statements made by the prosecutrix are on account of her social background and age.

(3.) BEFORE appreciating the submissions of learned APP for the State, we deem it appropriate to reproduce the facts of the present case as noticed by the learned trial court in the judgment dated 4.3.2013. Relevant portion of the judgments read as under: "2. In brief the case of the prosecution is that on 13.4.2010, on receipt of DD No. 32A, SI Sanjiv reached the spot of incident i.e. WZ -39, Village Das Garha. Since the call was regarding an attempt to rape, the SHO, directed ASI Kusum also to reach the spot and to take suitable action. Accordingly ASI Kusum reached the spot of incident where she met SI Sanjiv Sharma and lady constable Neelam. She recorded the statement of victim Mamta, who stated that she is a resident of District Murshidabad, West Bengal and is aged 15 years. She further stated that for the last two months, she had been residing with her sister Lata Das at Shadipur. On 12.4.2010 she had come for work to M/s. Shivam Placement Agency and was sleeping in a room in the office. At about 12 midnight or 1 am, when she was in deep sleep, one Pradeep, who also worked in that office, came and lied besides her. He opened the string of her salwar, pushed down her salwar and panty, laid on her and attempted to rape her. That time Pradeep had not worn anything on his lower body part. She started weeping bitterly and Pradeep left her. An aunty, living in the adjoining room, came and saved her and she narrated the whole incident to her. 3. On the basis of the aforesaid statement of the prosecutrix, ASI Kusum prepared rukka and got the FIR registered u/s 376/511 IPC. She commenced the investigation herself. She prepared the rough site plan of the incident at the instance of the prosecutrix and recorded the statement of the witnesses. She seized the clothes of the prosecutrix, which she had worn at the time of incident. The prosecutrix was got medically examined in Safdarjung Hospital. Exhibits, handed over by the doctor were seized. Accused Pradeep came to be arrested. Statement of the prosecutrix u/s 164 Cr.P.C. was got recorded. Exhibits were sent to the FSL for forensic examination. After the completion of the investigation, charge sheet was laid before the concerned Magistrate and the case was committed to the Court of Sessions for trial. On 18.1.2011, the accused was charged with having committed offences punishable u/s 376/511 IPC. The accused pleaded not guilty to the aforesaid charge and hence trial was held."