STATE Vs. AMAR PAL

JUDGEMENT

(1.) The State having been granted leave to appeal in CRL.L.P.304/2012 vide order dated 09.10.2013, assails the impugned judgment dated 18.07.2011, rendered by the learned Additional Sessions Judge-01, Designated Judge : TADA/POTA/MCOCA, Saket Courts, New Delhi in Sessions Case No.13/09, titled as 'State vs. Amar Pal' arising out of FIR No.560/08, Police Station- Sangam Vihar, whereby the solitary accused (hereinafter referred to as the 'respondent'), was acquitted qua the commission of offences punishable under Sections 376/506 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC').

(2.) It is the case of the prosecution that on a report, at about 12:05 AM, on the night intervening 8/9.10.2008 -- recorded by S-50 through wireless set -- an information of a quarrel at C-10, Lal Kuan was received, which was registered as DD No.38 (Ex.PW.7/A) at Police Post Pul Prahladpur Police Station- Sangam Vihar; and on the basis of which FIR No.560/2008 dated 09.10.2008, under Sections 376/506 IPC was subsequently registered at the Police Station Sangam Vihar.

(3.) Head Constable Prahlad Singh PW-12 testified that on 09.10.2008, when he was posted at Police Post Pul Prahladpur, Police Station - Sangam Vihar, on receipt of the said DD No.38 Ex.PW.7/A, he along with Constable Sanjay Kumar PW-13 went to the spot at C-18/B, Lal Kuan, Chungi No.13, New Delhi. The minor prosecutrix X PW-1, aged about 11 years, along with her father Upender Yadav PW-2 and mother Sunita Devi PW-6, met him at the spot, where several public persons had also gathered. The father and the public persons handed over to the police, the respondent Amar Pal, son of Chanda Ram, who had been beaten up by them; and whose name was revealed upon sustained enquiry. Upender Yadav PW-2, the father of the minor victim X simultaneously gave a complaint to the effect that, the respondent Amar Pal had committed rape upon his minor daughter, prosecutrix X. On this complaint, Head Constable Prahlad Singh PW-12, informed the In-charge of Police Post Pul Prahladpur, Sub-Inspector Nirbhay Kumar; and thereafter took the minor victim X along with her parents, as well as, the respondent to All India Institute of Medical Sciences (hereinafter referred to as 'AIIMS') for their medical examination. Head Constable Prahlad Singh PW-12 was accompanied by Constable Sanjay Kumar PW-13, at that time.