GOVT. OF NCT OF DELHI Vs. SANT RAM

JUDGEMENT

(1.) Crl.M.A.No.7256/2007 Delay is condoned. Application stands disposed of.

(2.) This petition for leave to appeal has been filed by the Government of NCT of Delhi against the judgment dated 23.1.2007 passed by Shri Rajiv Mehra, ASJ, Delhi in Sessions Case No. 12/2006 arising out of FIR No. 206/2001 under Section 376(2)(g) and Section 506 -II/34 IPC registered at Police Station Kirti Nagar, whereby the learned ASJ has been pleased to acquit the accused persons/respondents herein of charges under Section 376(2)(g) and Section 506 -II/34 IPC.

(3.) The case of the prosecution rests upon the statement of the prosecutrix wherein she alleged that on 17.4.2001 at about 7.30 am when she was going to her school at Sarvodaya Kanya Pathshala, Ramesh Nagar, accused Deepak and Navin met her. They were known to her as they were the friends of her elder brother, Narender Kumar. They informed her that Narender has met with an accident and is lying injured at B Block, Ramesh Nagar and then both of them brought her to House No. B28/11, B Block. Ramesh Nagar and bolted her in a room. When she tried to raise an alarm, accused Deepak @ Rinku took out one katar and threatened her. Both of them removed her clothes forcibly. Accused Sant Ram joined them later. He brought a quilt. She was ravished by Navin, Deepak and Sant Ram and Navin again ravished her one more time. Accused Vinod was identified by her later as a one who was sitting outside the room at the time of the incident for a watch. She was let off by the accused with a threat to disfigure her face with acid if the incident is disclosed by her to anyone. Thereafter, she stopped going to school. After 3 -4 days her mother made inquiry and she disclosed the incident to her mother upon which the FIR in question was registered.