Delhi District Court
Complainant vs Praveen Gupta on 17 April, 2015
IN THE COURT OF SHRI SANJIV JAIN
ADDITIONAL SESSIONS JUDGE SPECIAL FAST TRACK
COURT : SAKET COURTS: NEW DELHI.
Unique Case ID No. 02406R0036452015
SC No. : 45/12
FIR No. : 779/14
U/s. : 417/376 IPC
PS : K M Pur, New Delhi
State (Govt. of NCT of Delhi)
................... Complainant
Versus
Praveen Gupta
S/o Shri Khedan Prasad Gupta
R/o H. No. 34, Amrit Nagar,
K M Pur, New Delhi
.........................Accused
Date of Institution : 25.03.2015
Judgment reserved for orders on : 17.04.2015
Date of pronouncement : 17.04.2015
J U D G M E N T
1. The case of the prosecution is as under: In the year 2005, the prosecutrix came to Delhi from her native place at Uttrakhand for search of a job. In the year 2006, she joined City Bank, where she came in contact with FIR No. : 779/14 U/s. : 417/376 IPC PS : K M Pur, New Delhi. Page No. 1 of 8 the accused. They became friends. Thereafter, the accused proposed her to marry with him. He took a house on rent at 24, Amrit Nagar, New Delhi, where he established physical relations with her giving her false assurance that he would marry her. He had told the prosecutrix that after getting good job, he would marry with her. He joined in a Software company at Noida. When she asked him about their marriage, he told her that he would marry with her after the marriage of his elder brother. In the year 2007, his elder brother got married. Thereafter, he made lame excuses and delayed the marriage saying that she is Manglik. She alleged that accused has committed sexual intercourse with her on the false assurance of marriage.
2. On the complaint given by the prosecutrix, the case was registered vide FIR 779/14 u/s 376 IPC at the police station K M Pur. The prosecutrix was sent to AIIMS for her medical examination. The statement of the prosecutrix u/s 164 Cr.P.C. was got recorded. Accused was formally arrested. He was medically examined at AIIMS. After the investigation, the accused was sent for trial for the offence punishable u/s 376 IPC.
3. After complying with the requirements contemplated u/s FIR No. : 779/14 U/s. : 417/376 IPC PS : K M Pur, New Delhi. Page No. 2 of 8 207 Cr.P.C. the case was committed to this Court.
4. After hearing arguments, vide order dated 09.04.2015, primafacie case was made out against the accused and the charge u/s 417/376 IPC was framed.
5. To substantiate its case, prosecution examined the prosecutrix as PW 1. She has stated that she had come to Delhi in the year 2005 for search of a job. She worked at different places. In March, 2012, she joined Jingle Infotech Ltd. Amar Colony, New Delhi. She stated that in the year 2006, she used to work with City Bank, Customer Care at Connaught Place, New Delhi. During this period, she came into contact with the accused as she used to call the customers to persuade them for making their credit cards from her bank. Gradually, they became friends and started talking to each other. In the end of 2006, accused proposed her to marry with him, which she accepted. At that time, the accused was residing in a rented house at Amrit Nagar, South Extn. Part 1, New Delhi. She had been living in a hostel in the same locality. She stated that she used to visit the accused on weekends and stay there for couple of nights. During this period, they established physical relations but with her consent as accused had promised to FIR No. : 779/14 U/s. : 417/376 IPC PS : K M Pur, New Delhi. Page No. 3 of 8 marry with her. She stated that since accused was delaying his marriage with her, she lodged the complaint Ex. PW 1/A against the accused out of anger and frustration. She stated that she was medically examined at Safdarjung hospital vide MLC Ex. PW 1/B and her statement u/s 164 CrPC Ex. PW 1/C was recorded before the Magistrate. She stated that she had given the said statement out of anger and frustration as the accused was delaying the marriage.
6. She was declared hostile by the Ld. Addl. PP for State. On being cross examined, she denied that the accused had elicited her consent on the false assurance of marriage and committed sexual intercourse with her. She also denied that as and when she reminded the accused to marry her, he avoided on one pretext or other and when he refused to marry with her, she lodged the complaint Ex. PW 1/A. She admitted that in the month of February 2014, she got conceived from this physical relations but she stated that she got the same aborted by taking medicine and it was her decision and the accused never forced her to abort the same. She denied that on 09.08.2014, an engagement ceremony of the accused with some other girl was held. She was confronted with the statement Ex. PW 1/C but she denied FIR No. : 779/14 U/s. : 417/376 IPC PS : K M Pur, New Delhi. Page No. 4 of 8 having made such statement. She also denied that she had given the brief history to the doctor that accused had established physical relations with her on account of false promise of marriage.
7. Section 375 defines rape. It reads as:
"Rape A man is said to commit
"rape" if he
(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other persons; or
(b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or
(c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do with him or any other person; or
(d) applies his mouth to the vagina, anus, urethra or a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions: First against her will.
Secondly Without her consent.
Thirdly ..................
FIR No. : 779/14 U/s. : 417/376 IPC PS : K M Pur, New Delhi. Page No. 5 of 8 Fourthly ..................
Fifthly . ..................
Sixthly ..................
Seventhly ...................
Explanation 1. ......................... Explanation 2. Consent means an unequivocal voluntary agreement when the women by words, gestures or any form of verbal or noverbal communication, communicates willingness to participate in the specific sexual act.
Exception 1 ..............
Exception 2 .............."
8. The essence of rape is absence of consent. Consent means an intelligent, positive concurrence of the woman. A woman is said to consent, only when she freely agrees to submit herself, while in free and unconstrained possession of her physical or moral power to act in a manner she wanted. Submissions under the influence of fear or terror or false promise is not consent.
9. In the present case, star witness was the prosecutrix as prosecution machinery came into motion on her complaint. She did not support the prosecution case in any manner & completely turned hostile. She has stated that accused had established physical relations with her with her consent and FIR No. : 779/14 U/s. : 417/376 IPC PS : K M Pur, New Delhi. Page No. 6 of 8 she lodged the present complaint against the accused as he was delaying the marriage with her. She out of anger and frustration, had made the complaint Ex.PW1/A, given her statement Ex. PW 1/C before the Magistrate and history before the Doctor during her examination vide MLC Ex.PW1/B. She has stated that she has married with the accused and has been living happily with him. She has stated that there was no false promise of marriage rather the accused has married with her and he established physical relations with her with her consent.
10. Considering the fact that prosecutrix did not support the prosecution case in any manner and stated that he had established physical relations with her with her consent, I found no purpose to examine the remaining witnesses as their testimony even if unrebutted could not become the basis of the conviction of the accused. The prosecution evidence was accordingly closed as examination of other formal witnesses would have been a dead formality.
11. Since the prosecutrix has not narrated any incriminating fact against the accused, so his statement under section 313 Cr.P.C was also dispensed with.
12. Considering the testimony of PW1, who has FIR No. : 779/14 U/s. : 417/376 IPC PS : K M Pur, New Delhi. Page No. 7 of 8 categorically stated that accused never established physical relations with her without her consent or that he never made false promise of marriage before establishing physical relations, I am of the view that prosecution case is not proved against the accused for the offences punishable under section 417/376 IPC. The accused deserves to be acquitted of the charges framed against him. I therefore, acquit the accused of the offences punishable under section 417/376 IPC. His bail bond be cancelled. His surety is discharged. He is directed to furnish bail bond in the sum of Rs. 20,000/ with one surety in the like amount, in compliance of section 437A Cr.P.C.
13. File be consigned to record room.
Announced in the open court today i.e. 17.04.2015 (Sanjiv Jain) ASJSpl. FTC / Saket Courts New Delhi FIR No. : 779/14 U/s. : 417/376 IPC PS : K M Pur, New Delhi. Page No. 8 of 8