STATE (GNCT OF DELHI) Vs. ANOOP SINGH

JUDGEMENT

(1.) Present leave petition has been preferred by the State to challenge the legality and correctness of a judgment dated 17.03.2017 whereby the respondent Anoop Singh has been acquitted of the charges for commission of offences punishable under Sections 376/328 IPC in case FIR No.16/2016 registered at Police Station Dwarka Sector-23.

(2.) I have heard the learned APP and have examined the file. The FIR was lodged on the complaint of the prosecutrix 'X' (assumed name) aged around 35 years on 07.01.2016 when she reported sexual assault upon her in a park after administering stupefying substance by the respondent who was known to her. The prosecution examined eleven witnesses to establish its case. In 313 Cr.P.C. statement the respondent denied his complicity in the crime and pleaded false implication. It was further claimed that two separate complaints dated 21.11.2015 and 23.12015 were lodged against the prosecutrix at PS Dabri and in the office of DCP. The respondent examined DW-1 (HC Sunil) and DW-2 (HC Hari Ram).

(3.) After appreciating the evidence and considering the rival contentions of the parties, the respondent was acquitted of the charge. Aggrieved by the said order, the present leave petition has been preferred by the petitioner. It is not clear if the acquittal has been challenged by the victim.