STATE Vs. S B YADAV

JUDGEMENT

(1.) By this commmon judgment, I shall be disposing of two matters ­ Crl.Revision Petition No.224/2014 & W.P.(Crl.) No.781/2014.

(2.) The Crl.Revision No.224/2014 has been filed by the State seeking to set aside order dated 11.02.2014 passed by the Ld.Special Judge discharing the petitioner/S.B.Yadav while W.P.(Crl.) No.781/2014 has been filed by one of the co -accused HC Dilip Singh Chauhan.

(3.) The facts of the case in a nutshell are that on 17.10.2011 Sh.Naresh Gupta lodged a complaint wherein he stated that he had been residing at C -1/23, Phase -2, Ashok Vihar, Delhi since last 25 years. On 02.02.2009, his sister -in -law Neelam (wife of his younger brother Naresh Gupta) was admitted at Parnami Clinic and Ortho Joint Replacement Centre' as she had broken her hipbone after slipping in the bath room. A girl namely Rukhsar was working as a helper in this hopsital whose work was quite good. After discharging Neelam from the hospital, doctors advised her to take rest for 3 -4 months. So, after negotiating with Rukhsar's mother Smt.Ansaro Khatoon, Rukhsar was hired as a domestic help on a monthly salary of Rs.5,000/ -. She worked till July, 2009. During this while, she got friendly with another domestic help Niranjan Sardar which was disliked by house mates and Rukhsar's mother was called and facts were told to her. After clearance of accounts, Rukhsar was sent back with her mother Ansaro. Later, SI Shri Bhagwan of PS Jahangir Puri came to Naresh Gupta and told that Rukhsar had run away from her house and her mother had got registered FIR No.540/2009, Police Station: Jahangir Puri. On 15.07.2010, HC Dilip Singh Chauhan sent a notice to Naresh Gupta for joining the investigation on 19.07.2010. But on 16.07.2010, police reached his house to arrest him and told that Rukhsar in her statement had named Naresh Gupta for committing gang rape on her. Later, Naresh Gupta along with his brother in law met the SHO concerned and HC Dilip Singh Chauhan who said that the matter can be patched up whereafter SHO left the room. Later in a statement made before ACP Vigilance, Naresh Gupta stated that HC Dilip Singh Chauhan had taken Rs.20,000/ - and Rs.2,50,000/ - in cash from his brother -in -law Ratan Lal. Two days later, a meeting was arranged between the girl, her mother and Ratan Lal and in the presence of SHO S.B.Yadav, HC Dilip Singh Chauhan had taken Rs.3,00,000/ - in cash. After he was called to police station upon serving a notice under Section 160 Cr.P.C., and Rs.50,000/ - in cash was taken from him and Dilip Singh said that SHO was demanding more money. It is stated that SHO S.B.Yadav and HC Dilip Singh had extorted a sum of Rs.7,00,000/ - in cash. This moneyhad been given to save his honor. Based on the enquiry report of vigilance, orders of senior officers and given statements, a case under Sections 7,8, 13 of Prevention of Corruption Act and under Sections 384/201/120 - B IPC was registered in PS: Jahangir Puri.