STATE Vs. CHARAN SINGH

JUDGEMENT

(1.) Crl.M.A. No. 28521/2018 (Exemption)

(2.) The prosecutrix in her complaint alleged that she was residing in a rented accommodation and her husband passed away four years ago. She had four sons. She knew one Anil Chaudhary working as a property dealer for the last 10-12 years. Earlier also Anil Chaudhary had sold her one house. Prosecutrix had another house in Sant Nagar, Burari which she wanted to dispose off thus she went to the property dealer Anil Chaudhary on 2nd February, 2016. It is alleged that Anil Chaudhary brought Barfi and one cold drink which he gave her to eat and drink, whereafter they talked with each other. At about 4:00 PM Anil dropped her to her house. Since she was not fully conscious, she slept. In the morning, she came to know that Anil Chaudhary had mixed something intoxicating in cold drink and thereafter committed "wrong act" with her without her consent.

(3.) In her statement recorded under Section 164 Cr.P.C. the prosecutrix stated the name of the property dealer as Shiv Charan Chaudhary @ Anil and reiterated her allegations in the complaint. She further stated that while she was in a state of unconsciousness she felt someone was doing something with her. Blood was oozing out from her head. Next day when she regained her consciousness her sister brought her to the hospital and doctor told her that she was subjected to rape.