RAJESH SHAH Vs. STATE

JUDGEMENT

(1.) On February 03, 2013 Rahul Jain PW -1, who was accompanied by his friend Jai Yadav PW -2 brought the appellant and an infant girl to PS Inder Puri at 11:40 P.M. and disclosed to the Duty Officer that the appellant was committing an indecent act with the infant girl, taking cover behind cars parked in Block F, Inder Puri. The Duty Officer recorded said fact in DD No.32/A, Ex.PW -5/A. Investigation was entrusted to W/SI Meena Yadav PW -10. The parents of the infant girl were called and she was sent to RML hospital for examination where Dr.Shweta Mendiratta PW -4 examined her and recorded MLC Ex.PW -4/A to the effect that the child was normal and there were no injuries. The appellant was also taken to RML hospital where Dr.Sayyed Wasim Hassan recorded MLC Ex.PW -6/A opining that the appellant was potent. The MLC has been proved by Ms.Laxmi PW -6, the Record Clerk from the hospital because Dr.Sayyed had left the hospital.

(2.) FIR No.19/13 PS Inder Puri for offence punishable Under Section 376/511 IPC and Section 9/10 of POSCO Act was registered on the statement Ex.PW -1/A recorded by the Investigating Officer and made by Rahul Jain. In his statement he disclosed that as per his daily routine he had parked his car No.DL 2AD 2932 in the night near the boundary wall of F Block, Inder Puri and was waiting for his friend Jai Yadav PW -2, when he heard some noise of a baby emanating from amongst the cars that were parked and as he approached the site he saw a man aged about 30 years sitting between the cars with his back on the wall and pant and underwear lowered till his knees. On his left lap was a girl about three years old without clothes, who was crying for her mother and the man told her to wait for five minutes. Realizing that the man was going to sexually abuse the child he immediately rescued the child and caught the man who told his name as Rajesh Shah whom he had brought to the Police Station.

(3.) In his testimony in Court Rahul Jain has deposed in sync with his statement Ex.PW -1/A. His friend Jai Dev Yadav PW -2 who did not see the incident corroborated him by deposing that when he met Rahul Jain he saw him holding a girl child who was frightened and Rajesh Shah nearby.