ROMA SHARMA Vs. SAMEER BEG AND ANOTHER

JUDGEMENT

(1.) By way of this appeal, complainant has challenged the judgment passed by the Court of learned Sessions Judge, Bilaspur, in Sessions Trial No. 7 of 2012, dated 05.04.2013, vide which, learned Trial Court acquitted the present respondent No. 1 (hereinafter referred to as 'accused') for commission of offence punishable under Section 376 of Indian Penal Code (in short 'IPC').

(2.) The case of the prosecution in brief was that on 07.06.2012, complainant Smt. Roma Sharma (PW1), who is the mother of the prosecutrix (name withheld), lodged a complaint in Police Station Sadar, Bilaspur Ext. PW1/A to the effect that on 05.06.2012, her elder daughter (prosecutrix), who was a student of class (X) in Government Senior Secondary School, Bilaspur left their house at 9:30 a.m. on the pretext that her result was to be declared on internet and when she (prosecutrix) returned home at around 1:30 p.m., PW1 asked her as to why she had come so late, but the prosecutrix did not answer anything and went straightway in her room. Further as per prosecution, on 07.06.2012, prosecutrix told PW1 her that she had friendship with one Sameer Beg, who had taken her to Dholra Hotel on 05.06.2012 during day time and had raped her.

(3.) On the basis of said complaint, FIR Ext. PW10/A was registered against the accused. In the course of investigation, prosecutrix was got medically examined, accused was arrested and he was also medically examined. Father of the prosecutrix produced photocopy of middle standard examination of the prosecutrix Ext. PW12/A which was taken into possession vide memo Ext. PW4/A. Prosecutrix lead the police to Dholra Hotel and she identified the room where accused raped her. Investigating Officer prepared site plan of the same. Further as per prosecution, during his custody accused made a statement Ext. PW5/A, on the basis of which he got identified the place where he had taken the prosecutrix on 05.06.2012. Birth certificate of the prosecutrix Ext. PW7/A was also obtained along with a copy of parivar register Ext. PW7/B. Report of SFSL along with opinion of the Doctor was also obtained.