SANT RAM Vs. STATE (GOVT. OF NCT) DELHI

JUDGEMENT

(1.) Aggrieved and dissatisfied by a judgment dated 09.07.2014 of learned Addl. Sessions Judge in Sessions Case No.61/13 arising out of FIR No.390/12 PS Dabri by which the appellant - Sant Ram was convicted for committing offences punishable under Sections 376/109 Penal Code and Sections 3, 4, 5 & 6 of Immoral Traffic (Prevention) Act, 1956 (In short 'ITP Act'), the instant appeal has been preferred by him. By an order dated 17.07.2014, the appellant was sentenced to undergo various prison terms with fine.

(2.) Briefly stated, the prosecution case as reflected in the charge-sheet was that a month prior to 03.10.2012, Madan Lal Rana and Raman Kumar (since acquitted) committed gang rape upon the prosecutrix 'X' (changed name) at their office at Kakrola, New Delhi and at House No.RZ-120, C-2, Mahavir Enclave Part-I, New Delhi. The appellant and one Jyoti (facing trial before Juvenile Justice Board) were implicated for abetment of commission of rape by co-accused Madan Lal Rana, Raman Kumar and some unknown individuals upon the prosecutrix 'X' aged around 19 years; using premises No. RZ-120, C-2, Mahavir Enclave Part-I, as 'brothel' for prostitution; knowingly living on the earnings of the prosecutrix and procuring her for prostitution and pushing her into prostitution.

(3.) On 010.2012 after recording victim's statement (Ex.PW-6/A) the Investigating Officer lodged First Information Report. 'X' was medically examined; she recorded 164 Crimial P.C. statement. The appellant and his associate were arrested. Statements of the witnesses conversant with the facts were recorded. Upon completion of investigation, a charge-sheet was filed against the appellant, Madan Lal Rana and Raman Kumar for committing various offences. In order to establish its case, the prosecution examined eighteen witnesses and relied upon various documents. In 313 Crimial P.C. statement, the appellant denied his involvement in the crime and pleaded false implication. He examined DW-1 (Vijay Kumar) in defence. After evaluating the evidence and on appreciation of the evidence, the Trial Court by the impugned judgment acquitted Madan Lal Rana and Raman Kumar of the charges. It is relevant to note that State did not challenge their acquittal. It is unclear as to what is the outcome of the proceedings pending against Jyoti before Juvenile Justice Board.