STATE Vs. ONKAR

JUDGEMENT

(1.) POLICE swung into action when a telephonic information was received at PS Tilak Marg on 4.9.2004 at around 11.15 AM, recorded vide DD Entry No. 13 -A that a person was harassing a woman at 10 Bhagwan Das Road. The police reached the site. The lady allegedly being harassed, G, (the prosecutrix), made a statement to ASI Nar Singh to the effect that she was married and that around 10.00 AM the accused first teased her and thereafter caught her left hand and forcibly dragged her 3/4 floors upstairs and at the spot where the stairs were broken and on a wide step committed rape on her. She claimed that after committing rape, the accused tried to run away. She followed him raising an alarm. Her brother -in -law Ram Suresh who had gone to the market to make purchases had returned and apprehended the accused at the spot.

(2.) IT is not in dispute that a multi -storeyed building popularly known as 'White House' has been constructed on 10 Bhagwan Das Road. Semen was lifted from bathroom of flat No. 7 -AB White House. The prosecutrix was taken to RML Hospital where she was examined by Dr. Meeta Chauhan PW -9, who recorded the MLC, Ex.PW -9/A to the effect that possibility of recent sexual intercourse could not be ruled out by her on examining the prosecutrix. She noted no mark of injury or wound on the person of the prosecutrix.

(3.) INTER alia, from the evidence which surfaced, a plea was urged by the accused; being of sex by consent. In aid thereof, it was urged that it was not a case where the prosecutrix alleged being suddenly pounced upon; her being thrown to the ground and pinned down and the wrong act committed. With reference to the testimony of the prosecutrix where she categorically stated of being dragged up the stairs and pulled up 3 -4 floors it was urged that lack of any injury on the person of the prosecutrix was important and suggests of the prosecutrix walking up 3 - 4 floors voluntarily with the accused and thereafter having sex by consent. It was also urged that the prosecutrix alleged having sex on the stair -case and presence of semen inside the bathroom of flat No. 7A shows that the prosecutrix visited the flat, probably to urinate; and hence semen falling on the floor and thereafter walking down which is contrary to her testimony that she ran after the accused raising a hue and a cry.