Delhi District Court
State vs Asif on 1 May, 2018
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IN THE COURT OF MR.BHUPESH KUMAR,
ADDITIONAL SESSIONS JUDGE (SPECIAL FAST TRACK COURT)
01,WEST, TIS HAZARI COURTS, DELHI
SC NO. : 126/17
STATE
versus
Asif
son of Mohd. Yunus,
R/o B19, Dharampuri,
Khyala, Delhi.
FIR No. : 303/16
Offence U/S : 365/342/376/417/506 IPC
365/342/376/417/506
Police Station : Khyala
DATE OF RECEIPT OF FILE
AFTER COMMITTAL: 23.10.2017
DATE OF JUDGMENT: 01.05.2018
JUDGMENT
1.The brief facts of the matter as emerged from record are that on 11.07.2016, prosecutrix (name withheld in order to protect the identity of the prosecutrix) aged 20 years alongwith her mother reached at PS Khyala. The prosecutrix made complaint to the effect that she resides in the area of Khyala and accused Asif also reside in the same street where she resides. The accused started talking to prosecutrix on the pretext of playing with children of sister of SC no.126/17 Bhupesh Kumar ASJ (SFTC)-01 West, THC, Delhi/01.05.2018 2 prosecutrix. In the month of May, 2015, the accused took the nephew of prosecutrix i.e. son of her sister to his house. When the prosecutrix was looking for her nephew, accused told her that her nephew is at his house. At asking of accused, she went to his house where accused offered her a cup of tea and after taking the same she lost her senses and at asking of the accused, she accompanied the accused. The accused enticed the prosecutrix and took her to house of his friend Irfan at Jakhira. But when she reached there, prosecutrix found that the said house belong to Mr.Chand who was not at his house. The accused confined the prosecutrix in the said house and forcibly established physical relations with her. The accused also promised to marry her and also threatened to kill her. The accused kept her there for 2025 days and established physical relations with her everyday. When the prosecutrix insisted, accused put vermilion in her forehead. Thereafter, accused kept the prosecutrix in rented accommodation in different areas. Whenever the prosecutrix asked accused to perform proper marriage with her, accused ignored and on certain occasions, accused has even beaten her. Then accused started demanding money from her and after taking a sum of Rs.50,000/ on one occasion and Rs.30,000/ on another occasion from her mother she has given the same to accused. The prosecutrix also became pregnant. One day prosecutrix saw one video clipping in the mobile of accused in which accused was found in compromising position with some other girl. When she enquired in this respect from accused, accused started SC no.126/17 Bhupesh Kumar ASJ (SFTC)-01 West, THC, Delhi/01.05.2018 3 abusing her and told her that he was just passing the time with her and he is habitual of playing in this manner with girls. The accused has threatened the prosecutrix to kill her in case she made complaint. On 21.03.2016 a baby girl was born to prosecutrix, but she died immediately thereafter. On the basis of said complaint, FIR u/s 376/365/366/342/506 IPC was registered against the accused. Investigation of case was carried out. During investigation, prosecutrix was medically examined and her statement U/s 164 Cr.P.C. was got recorded. After completing other formal investigation chargesheet U/s 376/365/366/342/506 IPC was presented in the court of Ld. M. M. against the accused. After complying with the provisions of Section 207 Cr.P.C., the case was committed to Ld. Sessions Court by Ld. Trial Court.
2. Vide order dated 25.11.2017, charge for offence punishable under section 365/342/376/417/506 IPC was framed against the accused, to which he pleaded not guilty and claimed trial.
3. In order to prove its case, the prosecution has examined prosecutrix as PW1 but she has not supported the case of prosecution. She in unmistakable term has submitted that she had physical relations with accused with her own consent and she has made complaint Ex. PW1/A to police and her statement u/s 164 Cr.P.C. against accused due to anger. She was cross examined by Ld. APP for SC no.126/17 Bhupesh Kumar ASJ (SFTC)-01 West, THC, Delhi/01.05.2018 4 State with permission of the court as she was resiling from her earlier statement. During crossexamination by Ld. APP for State, she has again submitted to the effect that she has made complaint to police Ex. PW1/A and her statement Ex. PW1/C before Ld.Magistrate due to anger. She has not deposed anything against the accused. She has denied the suggestion that she was abducted, threatened and raped by the accused.
Other public witness is mother of prosecutrix. But her statement recorded u/s 161 Cr.P.C. reflects that she has made such statement on the basis of information provided to her by prosecutrix, meaning by her statement is hearsay. Hence, no useful purpose wold be served to examine her. The remaining witnesses are either police officials of Doctors and no useful purpose would be served to examine them also. Hence, the PE stands closed by order.
4. Since no incriminating material/evidence came on record against the accused, hence, the statement of accused u/s 313 Cr.P.C. stands dispensed with. Accused is on bail in this matter and earlier bail bond and personal bonds furnished by the accused are extended for further six months in view of provisions of Section 437A Cr.P.C.
5. In the light of above discussion, accused Asif stands acquitted for the offence punishable u/s 365/342/376/417/506 IPC.
365/342/376/417/506
SC no.126/17 Bhupesh Kumar
ASJ (SFTC)-01 West, THC, Delhi/01.05.2018
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File be consigned to the record room.
Announced in the open Court on (BHUPESH KUMAR)
this 01st May, 2018 Additional Sessions Judge,
(Special Fast Track Court)01,
West, Tis Hazari Courts, Delhi
SC no.126/17 Bhupesh Kumar
ASJ (SFTC)-01 West, THC, Delhi/01.05.2018