LAWS(DLH)-2018-7-823

MS. S Vs. STATE AND ORS

Decided On July 10, 2018
Ms. S Appellant
V/S
State And Ors Respondents

JUDGEMENT

(1.) As per the practice directions the name of the prosecutrix is withheld to conceal her identity and she has been referred to as 'Ms. S'.

(2.) Aggrieved by the judgment dated 11th February, 2016, whereby the learned Additional Sessions Judge acquitted respondent No. 2 Dharmender for the offence punishable under Section 376 IPC and in alternative under Sections 493/342/376(2)(g)/313 IPC and respondent No. 3 Rampal for the offences punishable under Sections 376(2)(g)/376/377 IPC, the petitioner/prosecutrix has preferred the present leave petition.

(3.) Sequence of events leading to the prosecution case is that DD No.16A (Ex.PW-13/A) was recorded on an information received on 16th August, 2013 at 10.30 AM whereby the caller stated that her husband had locked her at their house and she was not feeling well. Aforesaid information was assigned to SI S.P. Samariya (PW-13). He along with Ct. Subhash went to the spot but he could not find anyone there. He came to know that the victim had been taken to the hospital by the PCR. There he received another information from AIIMS Trauma Centre vide DD No.21A (Ex.PW-13/B). Consequently, he went to the hospital and collected the MLC. He came to know that the prosecutrix had been discharged. When he contacted her on her mobile number, she stated that she would come to the police station and get her statement recorded.