STATE Vs. LAXMAN PRASAD

JUDGEMENT

(1.) Present leave to appeal petition has been filed by the State under Sec. 378 of the Code of Criminal Procedure against the judgment dated 10.12.2014 passed by the Additional Sessions Judge -FTC -2 (Central), Tis Hazari Court, Delhi in Sessions Case No. 05/2013, whereby the respondent was acquitted of the charges framed under Ss. 376 (2) (g) /342 of the Indian Penal Code and under Sec. 506 read with Sec. 34 of the Indian Penal Code.

(2.) The brief facts of this case, as noticed by the learned Trial Court are as under :

(3.) She further stated that after reaching at H. No. 19/20/1, West Moti Bagh, Sarai Rohilla at about 10 PM, the lock of the ground floor of the said premises was opened and she cleaned the said floor. After some time accused Laxman Prasad Rai and his friends came inside the house and asked her to bring water. Prosecutrix brought the water and also drank one glass of water out of it. After consuming the same, she felt giddy and that accused Laxman Prasad Rai caught hold of her and asked her to take off her clothes. Out of fear and under the state of intoxication, Prosecutrix took off all her clothes. Thereafter, accused Laxman Prasad Rai committed rape upon her against her wishes. Complainant further alleged in her complaint that thereafter the other two friends of the accused had also committed rape upon her one by one and she lost her consciousness.