STATE Vs. KUNDAN KUMAR

JUDGEMENT

(1.) Aggrieved by the judgment dated 22nd March 2017 whereby the learned Additional Sessions Judge acquitted the respondent for the offences punishable under Sections 376/506 IPC, the State has preferred the present leave petition.

(2.) Process of law was set into motion on the complaint of the prosecutrix wherein she stated that she came to Delhi in February 2014 and was working as a nurse at a Nursing home in Janakpuri, New Delhi from past one year. One boy namely Kundan used to work as a receptionist in the same nursing home who proposed to marry her multiple times but she refused by stating that she had a boyfriend. On 17th May 2016 at about 2 A.M., while she was on night duty along with the respondent, he asked her to talk to him but she refused on which he caught hold of her hand, forcibly took her to the changing room and forcibly made physical relations with her. When she shouted, he silenced her and forced himself upon her. When she got angry and threatened him that she will make a complaint, he started crying and asked for forgiveness. She did not inform about the incident to anyone as she was scared. She later found out that she was pregnant and informed the respondent about it. He told her that since she was pregnant no one except him would marry her. On 25th May 2016, while she was on her way to work the respondent asked her to marry him to which she refused. On the respondent threatening her that if she did not marry him the society would not accept her, she was frightened and went along with the respondent to his friend s house in Ghaziabad. He took her to Arya Samaj Mandir where they got married. On 26th May 2016, they got married at Ghaziabad Court. Thereafter, he brought her back to Delhi and forcibly committed rape upon her. On the basis of the above statement, FIR No. 447/2016 (Ex.PW-5/B) was registered at PS Janakpuri for offences punishable under Sections 376/366/506 IPC. Statement of prosecutrix was recorded under Section 164 Cr.P.C. and the respondent was arrested. After completion of investigation, charge sheet was filed. Charge was framed for the offences punishable under Sections 376/506 IPC.

(3.) Prosecution examined thirteen witnesses to prove its case.