STATE (GNCT OF DELHI) Vs. WASEEM AKRAM BUTT

JUDGEMENT

(1.) State seeks leave to appeal against the judgment dated 26th April, 2016 acquitting the respondent for offence punishable under Sections 417/376 IPC giving benefit of doubt to the respondent.

(2.) Case of the prosecutrix in the complaint was that she met the respondent at a common friend's place on 31st December, 2009. Respondent took her mobile number from the common friend and started sending her messages. Within a week's time he insisted her to meet him but she avoided. After sometime he again met her and proposed to marry. She immediately rejected his proposal as she hardly knew him. However, the respondent insisted that they should be friends and should keep in touch with each other, so she accepted the proposal. In January, 2010 when she and her friend were passing near his residence, he called her to meet him for five minutes for the last time as he was going to his home town. She sat in his car, after a while he again proposed to marry her, to which she replied in the negative however, the respondent cut his hand and thus started bleeding profusely. She got scared and accepted the proposal. Thereafter they started meeting frequently. Respondent invited her to his cousin's marriage at Srinagar which she attended with her friends where also the respondent insisted on marrying her but she asked him to wait for two-three months. In March/April they became very close and started living together when she discovered that the respondent was into drugs. In July/August she came to know about his girlfriends and past affairs through Facebook that he was in habit of flirting with girls. She was shocked and confronted the respondent with the facts, to which the respondent apologized and assured that he will not do it again. Thereafter, the respondent started fighting with her without any rhyme or reason and stayed away from her which created suspicion in her mind. He started making frequent trips to his hometown. In the month of November, the prosecutrix got to know that she was pregnant. When she broke this news to the respondent he did not react. When she asked him to introduce her to his family members and marry her, he ignored and stated that this was not the right time however, he assured of marrying her. Feeling helpless, the prosecutrix contacted his father on which the respondent got angry and beat her. Thereafter the respondent refrained relationship with her and started avoiding her. Respondent asked her to abort the child which was a big shock to her.

(3.) In her deposition before the Court prosecutrix stuck to her version. Prosecution also examined the doctor where she got conducted her pelvic ultrasound as PW-8 and the doctor who conducted the MTP as PW-10. Respondent in his statement under Section 313 Cr.P.C. denied the incriminating evidence and stated that he had been falsely implicated. He never promised to marry the prosecutrix who used to contact him through all modes. He further stated that even after the registration of the case she was in continuous touch with him and has threatened him on many occasions for which he had made complaints to the police. He stated that he had married the prosecutrix after she converted her religion from Hindu to Muslim and executed affidavits by putting her signatures and thumb impression. He also produced the transcripts along with the CD of the prosecutrix calling him from her mobile phone number. In order to prove his defence the respondent examined DW-1 proprietor of hotel at Srinagar, DW-2 who knew prosecutrix since 2010, DW-3 caretaker of the business of the father of respondent, DW-4 the Maulvi who performed the nikah, DW-5 clerk Record Room of the Court who proved the order of the Court dated 19th September, 2011 Ex. DW-5/A whereby the application of the complainant Ex. DW-5/B for cancellation of bail was dismissed, ASI Ravinder Kumar, (DW-6), who brought the complaints filed by the respondent at PS Hauz Khas, HC Hari Singh as DW-7, who brought the complaint lodged by the respondent at PS Amar Colony, his cousin as DW-8 and a friend of the prosecutrix DW-9, the Manager of International Recreational Parks Pvt. Ltd. Noida as DW-10, Women Constable Kiran Lal as DW-11 who attended the call of the prosecutrix, HC Om Prakash as DW-12 regarding complaint of threat to the respondent, Nodal Officer Vodafone as DW-13 to prove the call records and Mohd. Riazuddin as DW-15 son of DW-4 who was present at the time of Nikah.