STATE Vs. RAVI KUMAR

JUDGEMENT

(1.) Present Criminal Leave Petition has been filed on behalf of the State challenging the judgment and order of acquittal dated 29th May, 2019 passed by the Additional Sessions Judge ­ Special Fast Track Court, South East District, Saket Court, New Delhi in FIR No.363/2016 registered with Police Station Sarita Vihar, Delhi.

(2.) The Trial Court in the impugned judgment while acquitting respondent-accused No.1 under Sections 376/342/506/34 IPC and respondent-accused No. 2 under Sections 376/342/34 IPC has held as under:-

(3.) Ms. Aashaa Tiwari, learned APP for State states that the Trial Court erred in coming to the conclusion that no reasonable explanation was given by the prosecutrix for the delay in filing the FIR. She submits that the Supreme Court has repeatedly held that in such matters, near relations of the prosecutrix take time to decide as to what course of action to adopt and therefore, delay is bound to occur. She relies upon the judgment of Supreme Court in Satpal Singh vs. State of Haryana, 2010 (7) SCALE 322.