Delhi District Court
State vs . Santosh Kumar on 16 March, 2007
1
IN THE COURT OF SHRI SANJAY KUAMR AGGARWAL
ADDITIONAL SESSIONS JUDGE : DELHI
Session Case No.354/06
FIR No.301/05
PS Tilak Nagar
U/S 376/506 IPC
State
Vs.
Santosh Kumar,
S/o Sh. Dambar Bahadur,
R/o Vill. Ishma Madian,
PO Doli, Nepal.
At present: B-278,
J.J. Colony, Chaukhadi,
Tri Nagar, Delhi.
JUDGMENT
It is the case of the prosecution that in the night of 2/3.05.2005 at about 1.00 a.m. at house No.WZ-34A, Ground floor, Chaukhandi Village, Tilak Nagar, Delhi, the accused committed rape upon the prosecutrix against her consent and also criminally intimidated her that if she would disclosed about rape to anyone, her children would be killed. State Vs. Santosh Kumar 2
2. Prima facie a case under Section 376/506 IPC was made out against the accused for which a formal charge was framed. The accused did not plead guilty and claimed trial.
3. I have heard the accused as well as Ld. APP for the State. I have also perused the record.
4. The facts in brief are that that the accused was known to the husband of the prosecutrix for the last about two months from the date of incident. The accused used to visit the house of the prosecutrix. On 02.05.2005 in the night at about 1.00 a.m., when the prosecutrix had gone to sleep after taking medicines etc., the accused entered the house of the prosecutrix and asked her about her husband. The prosecutrix replied to him that her husband will come at about 2.30/3.00 a.m. She asked the accused to come in the morning in case he wanted to meet her husband, but, the State Vs. Santosh Kumar 3 accused on the pretext of taking water, forcibly committed rape with the prosecutrix after laying her down on a cot. He also threatened the prosecutrix that he will kill her children in case she will disclose the incident to anyone.
5. In order to prove its case the prosecution examined PW1 W/Ct. Meera who had examined the prosecutrix medically from DDU hospital. The prosecution also examined Duty Officer HC Umed Singh who had proved the FIR Ex.PW2/A. Though initially PW Laxmi Devi and Dhan Bahadur was present on 07.11.2005 but since the Ld. Predecessor of this Court was busy in medication, their testimony could not be recorded. Matter was adjourned time and again but the said PWs who are complainant and material witnesses did not turn up. The order dated 15.12.2006 reflects that it was reported by the police that PW Laxmi Devi and Dhan Bahadur had left the given address. Therefore, this Court directed the summons of the said State Vs. Santosh Kumar 4 witnesses to be served through DCP and through IO. Today, the DCP reported that since both the witnesses are now resident of Nepal, the summons of the said witnesses cannot be served in Nepal as per existing law of Nepal as advised by E.O.I., Kathmandu. He has placed a photocopy of the Govt. of India Order No.25012/68/2005, Ministry of Home Affairs, dated 26.05.2005 to this effect. The DCP has also placed an order of the Embassy of India, Kathmandu, Nepal in which the Embassy had expressed its inability to execute the summons in Nepal in view of the Govt. of Nepal Order No.056/Con/23. Therefore, since the material witnesses could not be made available despite best efforts of the prosecution, this Court did not deem it appropriate to further proceed with the case as it would have been futile to do so because the remaining witnesses are formal in nature. Therefore, the Prosecution Evidence was closed. Statement of accused is also dispensed with. Final arguments were heard. State Vs. Santosh Kumar 5
6. In these circumstances, the prosecution has failed to prove its case beyond the shadow of doubt. The accused is hereby acquitted for the charges under Section 376/506 IPC framed against him. He be released from JC if not required in any other case. File be consigned to Record Room. Announced in the open Court on 16th day of March, 2007 (SANJAY KUAMR AGGARWAL) ADDL. SESSIONS JUDGE ROHINI COURTS, DELHI State Vs. Santosh Kumar