STATE Vs. AZAM @ RIHAN

JUDGEMENT

(1.) CRL.L.P. 576/2016

(2.) The State has filed the present petition seeking leave to appeal against the impugned judgment passed by the learned Additional Sessions Judge, Karkardooma, Delhi dated 19th April, 2016 in Sessions Case No. 488/16 arising out of FIR No. 381/2013, registered at PS Jyoti Nagar under Sec. 363/376 Penal Code and under Sec. 4 of POSCO Act, by which the respondent stood acquitted of the aforesaid charges. The case was registered on a complaint made by PW-1 Smt. Rais Bano, (mother of the 13 years old prosecutrix, who was examined as PW-2) on 17th Oct., 2013 regarding her daughter (hereinafter referred to as the 'victim') being missing. This resulted into registration of FIR No. 381/2013 under Sec. 363 of the IPC. Thereafter on the same day about 11:00 AM, the complainant had visited the police station with her daughter (the victim in the present case), and on enquiry told the police that one Rihan @ Azam had forcibly taken her along with him and had raped her.

(3.) During investigation, the victim was medically examined by Dr. Malay Mishra (JR) vide MLC No. B-4213/13, who was working under the supervision of Dr. Anshul, CMO (PW-9). The MLC was proved on record by Dr. Anshul (PW-9), who identified the signatures on the MLC as being those of Dr. Malay Mishra, the MLC Doctor.