STATE OF NCT OF DELHI Vs. GAURAV

JUDGEMENT

(1.) The State has preferred the present appeal upon grant of leave to assail the Judgment rendered by the Ld. ASJ-01, South East District, New Delhi in Sessions Case No. 64/2012 arising out of FIR No. 251/2012 registered at PS Sangam Vihar under sections 376/363/506 IPC titled State v. Gaurav @ Sanjay . By the impugned judgment the Ld. ASJ has acquitted the accused/respondent of the charge.

(2.) On 26.06.2012, an information about eve teasing was received vide DD No. 43A (Ex. PW-16/DA) at 7.45 PM. Inquiry was assigned to ASI Rajender, who reached the disclosed place. Considering the seriousness of the call, he intimated the SHO of the facts and W/SI Sushma Saxena PW-16 was called from PS Ambedkar Nagar, and the statement of the victim (name withheld) was recorded by PW-16 vide Ex. PW-8/A, on the basis of which the rukka (Ex. PW-16/A) was prepared. In the said statement she stated that on that day around 2 PM she had gone near Panchwati Mandir to take water from the tap. A boy named Gaurav, who lived in her neighborhood, and now resides in lane no. 10-whom she knew well; was standing near the tap. He called her and told her that her sister 'N' had called and she wants to speak with her. On this, she went with him to talk to her sister. Gaurav took her to his house. There was no one else except Gaurav there. After reaching the house, Gaurav bolted the door from inside and started kissing her and forcefully removed her clothes and removed his clothes too. When she screamed, he put his hand over her mouth and forcefully put his private part into her private part and raped her against her will. He threatened her that if she discloses about the incident to anyone, he will kill her mother and rape her sister. She somehow managed to run back home and informed her sister about the incident; who then called their mother. When her mother came back home she called on 100 number.

(3.) The prosecutrix was thereafter sent for her counseling and thereafter taken to AIIMS along with her mother. Her Medico Legal Examination was got conducted on 27.06.2012 at 4 AM, and the report Ex. PW-8/B was prepared. The doctor advised conduct of bone age test.