STATE Vs. RAHUL

JUDGEMENT

(1.) The State having been granted leave to appeal vide order dated 22.04.2015 in Crl.L.P.254/2014, assails the impugned judgment dated 20.02.2013 of the learned ASJ-01, North East, KKD Courts, Delhi in Sessions Case No.16/12 arising out of FIR No.424/11, PS New Usmanpur wherein the respondent was acquitted qua the offences punishable under Sections 342/376/511 of the Indian Penal Code, 1860.

(2.) It is the avowed contention of the State that despite the consistent and corroborated testimonies of the victim Ms.X aged 5 years examined as PW-4 and the complainant Ms.Y examined as PW-5, - in relation to all material particulars of the wrongful confinement of the minor girl child PW-4 aged 5 years by the respondent/accused herein with the proved intent of the commission of acts amounting to an attempt in the commission of rape on the minor child PW-4, the learned Trial Court has drawn an erroneous conclusion by grant of misplaced benefit of doubt on aspects which are not germane to the incident in question of the respondent having attempted to rape the minor child PW-4 after having wrongfully confined her.

(3.) The prosecution in the instant case is indicated to have been launched vide the registration of DD No.40A Ex.PW7/A at PS New Usmanpur at 9.48 PM as per information received from the PCR of rape of a girl child near Som Bazar at Usmanpur at House no.A-230, Gali No.11, on receipt of which the Investigation Officer, PW-7 SI Vikrant Sharma along with PW-8, Constable Banwari Lal reached the spot where PW-5 Ms.Y the neighbor of the victim, the victim PW-4 Ms.X aged 5 years and PW-6 Mr.Z i.e. the father of the minor girl child met them. The initial Investigation Officer i.e. PW-7 SI Vikrant Sharma interrogated them and the minor child PW-4 was taken to the GTB Hospital for her medical examination with the minor child having been accompanied by PW-5, the complainant i.e. Ms.Y, PW-6 the father of the child and PW-8 Constable Banwari Lal. The initial Investigation Officer had called W/ASI Santosh PW-9 around 11.30 PM to the GTB Hospital whereafter PW-7 SI Vikrant Sharma had entrusted the investigation to W/ASI Santosh as the investigation related to a minor girl victim in relation to information of commission of rape.