MANJU Vs. STATE AND ORS.

JUDGEMENT

(1.) Revisional jurisdiction of this Court has been invoked under Sec. 397/401 Cr.P.C challenging the judgment dated 14.08.2012 passed by learned ASJ -03/SE, New Delhi in Criminal Appeal No. 140/12 arising out of FIR No. 291/06 under Sec. 354/341/509/323/325/352 IPC registered at Police Station Badarpur, Delhi whereby the judgment passed by learned Metropolitan Magistrate dated 06.03.2012 acquitting the respondent nos.2 to 4/accused was upheld.

(2.) Factual matrix of the case leading to filing of the present petition is that on receipt of DD No. 45 -B on 09.04.2006 Head Constable Ranjeet Singh alongwith Constable reached the spot and on enquiry found that injured were taken to hospital by PCR van. Thereafter, on receiving DD No. 28 -A, he reached hospital alongwith Constable where he collected the MLCs of injured and recorded statement of injured Manju in which she alleged that on that day at about 7.00 pm when she was returning back to her house alongwith her brother Ajay after taking a book and reached in her Gali, she found accused Vikas standing outside his house and on seeing her, he started singing a song and tried to pull her towards him by catching hold of her hands and when she tried to free herself from him, then he caught hold of her hairs and tried to hit her head on the wall. When her brother Ajay tried to rescue her, accused Sandeep, younger brother of Vikas came and started beating her brother and on hearing her screams, her mother Usha came out of the house and tried to free them from Vikas. In the meanwhile, mother of Vikas, accused Shashi also came out. Thereafter, accused Vikas and Sandeep left her and started beating her mother and in this process she gave a tooth bite on the hand of Vikas and went alongwith her brother for making a telephone call to police. When they came back, accused Vikas again caught hold of her and hit her face with fist blow. Sandeep hit her brother with some glass type object because of which blood started oozing out of his head. Police came to the spot and took them to hospital. Pursuant to recording of her statement, an FIR was registered and investigation was carried out which ultimately resulted in filing chargesheet before the Court against the accused persons.

(3.) During trial, the prosecution examined eight witnesses. After the prosecution evidence was closed, statement of all the accused persons were recorded under Sec. 281 Cr.P.C in which they denied the case of prosecution and alleged their false implication in this case.