SUNITA Vs. SATVIR SINGH

JUDGEMENT

(1.) ON a complaint being filed by the petitioner, an FIR 754/1999 u/s 376 IPC at p. S. Nangloi, was lodged whereby the accused, respondent no. 1, was alleged to have subjected the petitioner to sexual assault. The petitioner is the wife of a Police Constable while respondent no. 1 is also a Police Constable. The allegation is that between 7th to 9th July, 1999 the petitioner was subjected to sexual assault against her will and consent.

(2.) THE accused is alleged to have rung up the complainant and asked her to come near Shiv Shakti School for some work under the threat of getting her son abducted. On reaching the destination, the complainant was asked to accompany the accused under the same threat and it is alleged that the complainant was taken to a deserted place where there was only one room where the victim/petitioner was subjected to sexual assault despite objection. The complainant, however, informed her husband about the occurrence only on 19. 7. 1999, when the case was registered.

(3.) THE two parties were residing in adjoining houses. The accused is stated to have developed a friendship with the husband of the complainant and used to visit the house on different pretexts even in his absence. In the statement made before the police, the complainant has alleged that even 5-6 months prior to the incident, the accused had visited her house at about 12. 00 Noon on the pretext of making a telephone call and subjected her to sexual assault at revolver point. This is stated to have occurred even thereafter and on one day even the daughter of the complainant noticed the accused leaving the house after she arrived at the house.