LAWS(DLH)-2018-7-1

STATE (NCT OF DELHI) Vs. SAMAY CHAND

Decided On July 02, 2018
State (Nct Of Delhi) Appellant
V/S
Samay Chand Respondents

JUDGEMENT

(1.) Upon grant of leave, the State preferred the present appeal against the judgment dated 09.06.2016 delivered by the learned Additional Sessions Judge -01, South East District, Saket Courts, New Delhi in Sessions Case No.79/2013 titled as State vs. Samay Chand, arising out of FIR No.19/2013 registered under Section 363/323/342/377 IPC at Police Station Govind Puri, Delhi, whereby the accused/respondent was acquitted from the charges leveled against him.

(2.) The facts in brief are that on 11.01.2013 at 2.48 hours, an information was received by the police about a quarrel at house no.330-B Block, Pocket- 4, Navjeewan Camp, Govindpuri which was recorded vide DD No.46B (Mark-A). The said DD was marked to SI Ramakant (PW-13) for inquiry who reached at the spot and met the complainant. The complainant gave her statement that on that day at about 12 noon, her son „S aged 6 years was playing with another boy „I ( also mentioned as „M in the impugned judgment) aged about 5 years on the roof, and after some time both of the boys were not found there. Searches were made to trace them and announcements were made through loudspeakers from Mosque, but they could not be found. At about 2 p.m., son of the complainant came weeping and told that they were playing on the roof when uncle Samay Chand- the accused, who was residing at the backside, came and allured them on the pretext of moving boxes and took them to his house where they were confined in a room. Then the accused removed the pants of the boys and also opened his pant to do wrong act with them. Accused tried to insert his penis into the anus of the son of the complainant, upon which they both started weeping. Accused tied a cloth (chunni) on the mouth of the complainants son „S to keep him mum and also gave beatings on his hands by a stick. After hearing the announcement on loudspeaker, the accused let them go. On coming to know about the incident, people went to the house of the accused, upon which he tried to flee, but was caught and was given beatings. The IO met both the children who were found frightened and did not say anything. On the basis of the statement of the complainant (Ex. PW- 1/A), FIR was registered.

(3.) Accused was arrested on the same day at 5:10 PM vide Ex. PW-1/B and the case property i.e the stick and cloth (chunni) were taken into possession vide Ex. PW-1/D and Ex. PW-1/E respectively. Accused was sent to the hospital for medical examination. The site plan was prepared at the instance of the complainant vide Ex. PW-13/B. Both the children were also medically examined -first on 11.01.2013 at 11:45 PM vide Ex. PW-8/A and Ex. PW-8/B, and thereafter on 12.01.2013 at 1 AM vide Ex. PW-7/A and Ex.PW-7/B. Statements of the children were got recorded under Section 164 Cr.P.C on 29.01.2013 vide Ex. PW-4/B and Ex. PW-4/D.