Delhi District Court
State vs Ajayveer Singh -:: Page 1 Of 11 ::- on 1 December, 2014
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IN THE COURT OF MS. NIVEDITA ANIL SHARMA,
ADDITIONAL SESSIONS JUDGE
(SPECIAL FAST TRACK COURT)-01,
WEST, TIS HAZARI COURTS, DELHI
Sessions Case Number : 27 of 2014.
Unique Case ID Number : 02401R0064592014
State versus
Mr.Ajayveer Singh
Son of late Mr.Ranjeet Singh
Resident of L-9, Basement, Rajouri Garden, New Delhi.
First Information Report Number : 670/2013.
Police Station Rajouri Garden
Under sections 376/506 of the Indian Penal Code.
Date of filing of the charge sheet :03.02.2014
before the Court of the Metropolitan Magistrate
Date of receipt of file after committal in this :18.02.2014.
Court of ASJ(SFTC)-01, West, Delhi
Arguments concluded on :01.12.2014.
Date of judgment :01.12.2014.
Appearances: Ms. Neelam Narang, Additional Public Prosecutor for the
State is on leave.
Mr.Panjak Kumar Ranga, Substitute Additional Public
Prosecutor for the State.
Accused on bail with counsel, Mr.R.S.Chaggar.
Prosecutrix in person with counsel, Mr.Jitender Mehta.
Ms. Poonam Sharma, counsel for Delhi Commission for
Women.
IO/SI Sumitra Sharma is also present.
************************************************************
Session Case Number : 27 of 2014.
Unique Case ID Number : 02401R0064592014
FIR No.670/2013, Police Station Rajouri Garden
Under sections 376, 506 of the Indian Penal Code.
State versus Ajayveer Singh -:: Page 1 of 11 ::-
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JUDGMENT
"Rape is one of the most terrible crimes on earth and it happens every few minutes. The problem with groups who deal with rape is that they try to educate women about how to defend themselves. What really needs to be done is teaching men not to rape. Go to the source and start there."............ Kurt Cobain *************************************************************
1. The charge sheet has been filed against the accused Mr. Ajayveer Singh, by Police Station Rajouri Garden, Delhi for the offence under sections 376/506 of the Indian Penal Code (hereinafter referred to as the IPC) on the allegations that on 24.05.2013 at about 11.30pm-12.00 mid night in the room of the prosecutrix (name mentioned in file but withheld to protect her identity) at the house of the prosecutrix (address mentioned in the file and withheld to protect her identity), he showed her a knife and committed rape upon the prosecutrix; on 25.05.2013 at night in the room of the prosecutrix at the house of the prosecutrix, he threatened the prosecutrix to kill her son and committed rape upon her; on 26.05.2013 in the room of the prosecutrix at the house of the prosecutrix, he committed rape upon the prosecutrix; and on 20.10.2013 at 1.00-1.30 pm in the room of the pros- ecutrix at at the house of the prosecutrix, he pulled the clothes of the pros- ecutrix and outraged her modesty.
2. After completion of the investigation, the charge sheet against accused Mr.Ajayveer Singh was filed before the Court of the learned Metropolitan Magistrate on 03.02.2014 and after its committal, the case has been assigned to this Court of the Additional Sessions Judge (Special Fast Track Court)-01, West, Tis Hazari Courts, Delhi for 18.02.2014. Session Case Number : 27 of 2014.
Unique Case ID Number : 02401R0064592014 FIR No.670/2013, Police Station Rajouri Garden Under sections 376, 506 of the Indian Penal Code.
State versus Ajayveer Singh -:: Page 2 of 11 ::-
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3. After hearing arguments, charge for offence under sections 376, 506 and 354 of the IPC was framed against accused Mr.Ajayveer Singh vide order dated 10.05.2014 to which he pleaded not guilty and claimed trial.
4. In order to prove its case, the prosecution has examined the prosecutrix as PW1.
5. All the safeguards as per the directions of the Hon'ble Delhi High Court and Hon'ble Supreme Court while recording the statement of the prosecutrix have been taken and the proceedings have been conducted in camera. Guidelines for recording of evidence of vulnerable witness in criminal matters, as approved by the "Committee to monitor proper implementation of several guidelines laid down by the Supreme Court as well as High Court of Delhi for dealing with matters pertaining to sexual offences and child witnesses" have been followed.
6. The prosecutrix, as PW1, has deposed that on 03.10.2009, she got married with Mr. Dhamanjeet Singh and after marriage she started living in the matrimonial home (address deposed and withheld to protect the identity of the prosecutrix) with her husband and other in-laws family members. She has one son from the said wedlock, who is about 4 years now. Her husband had an extra marital affair with some one and her husband deserted her and left the house. She went into great depression. Accused Mr.Ajayveer Singh who is cousin brother of her husband was also Session Case Number : 27 of 2014.
Unique Case ID Number : 02401R0064592014 FIR No.670/2013, Police Station Rajouri Garden Under sections 376, 506 of the Indian Penal Code.
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living with them in my matrimonial home. After her husband left the house, there used to be some quarrel between her and other in -laws family members including the accused on account of some property. Accused and other family members wanted her to vacate her matrimonial house. She was very much upset and she had taken advise from some one who suggested to her to lodge a complaint against the accused. She did not know the name of that man who was her well wisher. One day at the instance of her well wisher she went to Police Station Rajouri Garden and lodged the complaint (Ex.PW1/A). She did not want pursue this case now as the complaint was made by her under the pressure, threat and also at the advise of her well wishers and some police officials. She did not have any grievances against the accused and she has prayed that the accused may be acquitted as he has not committed any offence against her.
7. As the prosecutrix was hostile and had resiled from her earlier statement, the Additional Public Prosecutor has cross-examined her. She has been cross examined at length but nothing material for the prosecution has come forth.
8. In her cross examination by the Additional Public Prosecutor, the prosecutrix has deposed that she did not know the names of the police officials, who had suggested to her to lodge a complaint (Ex.PW1/A) in Police Station Rajouri Garden. She did not remember whether or not her statement was recorded by the learned Metropolitan Magistrate under section 164 of the Criminal Procedure Code (hereinafter referred to as the Cr.P.C.) as she was very much upset. After seeing the proceedings under Session Case Number : 27 of 2014.
Unique Case ID Number : 02401R0064592014 FIR No.670/2013, Police Station Rajouri Garden Under sections 376, 506 of the Indian Penal Code.
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section 164 of the Cr.P.C., she deposed that she did not remember even now whether or not she had made any statement before Ms. Aditi Garg, learned Metropolitan Magistrate. She admitted her signatures at points A and A1 on the statement (Ex.PW1/B) which has been shown to her. She could not say whether or not she had made the statement as per the contents of the statement under section 164 of the Cr.P.C. ( Ex.PW1/B) as she was very upset and under deep depression at that time. She did not remember even now whether or not she had told as per the contents of her statement before the police (Ex.PW1/A). She still could not say whether or not she had made the statement as per the contents of the statement (Ex.PW1/A) as she was very upset and under deep depression at that time. She has denied the suggestion on 24.05.2013 at about 11.30 pm to 12.00 mid night, the accused committed rape upon her at the point of knife in her room in her matrimonial home. She has denied the suggestion that on 25.05.2013 and 26.05.2013, the accused again raped her in her matrimonial home and also threatened to kill her son. She has denied the suggestion that on 20.10.2013 at 1.00-1.30 pm, the accused pulled her clothes and outraged her modesty in her matrimonial home. She admitted that she was medically examined in DDU hospital. She did not remember anything whether or not she had told any fact to the doctor at the time of her medical examination. She denied the suggestion that she had told the doctor that accused had raped her on 24.05.2013, 25.05.2013 and 26.05.2013 in her matrimonial home. She did not remember whether or not she had given her torn shirt (kameez) to the police with regard to the incident dated 20.10.2013 committed against her by the accused. She did not remember anything regarding any incident of 20.10.2013. She admitted that Ex.PW1/C bears her signature but she did Session Case Number : 27 of 2014.
Unique Case ID Number : 02401R0064592014 FIR No.670/2013, Police Station Rajouri Garden Under sections 376, 506 of the Indian Penal Code.
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not remember when and why she made these signatures. She denied the suggestion that she had given her torn shirt to the police during investigation and thereafter this seizure memo (Ex.PW1/C) was prepared and after reading the contents of the same she made her signature on it. She stated that the shirt which has been shown to her does not belong to her. She had not given the same to the police. She denied the suggestion that the shirt produced in the Court belongs to her which was taken into possession by the police vide Ex.PW1/C and she is deposing falsely to this fact. She denied the suggestion that she had made her complaint (Ex.PW1/A) to the police and her statement before learned Metropolitan Magistrate (Ex.PW1/B) voluntarily and not at the instance of her well wishers or under the pressure or threat any one including the police officials. She has denied the suggestion that she is intentionally not telling the true facts before this Court and not supporting the prosecution case as she has settled the matter with the accused.
9. In her cross examination by the accused, the prosecutrix has admitted that she has taken a divorce by mutual consent from her husband. The custody of her son has been given to her. She admitted that she has also taken alimony and maintenance and has settled the dispute with her husband. She admitted that the dispute between her husband and herself and other family members was settled in the Mediation Centre vide order dated 02.12.2013 (running into 04 pages), certified copy of which is Ex.PW1/D. She admitted that she had filed some complaints against her husband and his family including the accused. She stated that it was a property dispute regarding which the complaints were made. She has Session Case Number : 27 of 2014.
Unique Case ID Number : 02401R0064592014 FIR No.670/2013, Police Station Rajouri Garden Under sections 376, 506 of the Indian Penal Code.
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settled all the disputes with her husband and his family members. All the complaints and cases between her, her husband and his family members have been settled and disposed off. Accused has not committed any offence against her regarding which the present case is lodged. Accused has not raped her nor outraged her modesty.
10. Thereafter, Court has put some questions to the prosecutrix but again she has deposed that she was suffering from depression and she has produced her medical records.
11. The prosecutrix, PW1 has not deposed an iota of evidence of prosecutrix being attempted to be raped or threatened by accused Mr. Ajayveer Singh or that he outraged her modesty. She has not even mentioned the word "rape" by accused Mr. Ajayveer Singh in her examination in chief nor has deposed anything incriminating against him.
12. In the circumstances, as PW1, the prosecutrix, who is the star witness has turned hostile and has not supported the prosecution case and more importantly has not assigned any criminal role to the accused, the prosecution evidence is closed, declining the request of the Substitute Additional Public Prosecutor for leading further evidence, as it shall be futile to record the testimonies of other witnesses, who are formal or official in nature. The precious Court time should not be wasted in recording the evidence of formal or official witnesses when the prosecutrix herself has not supported the prosecution case and is hostile.
Session Case Number : 27 of 2014.
Unique Case ID Number : 02401R0064592014 FIR No.670/2013, Police Station Rajouri Garden Under sections 376, 506 of the Indian Penal Code.
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13. Statement under section 313 of the Cr.P.C of the accused is dispensed with as there is nothing incriminating against him when the prosecutrix is hostile and nothing material has come forth in her cross examination by the prosecution.
14. I have heard arguments at length. I have also given my conscious thought and prolonged consideration to the material on record, relevant provisions of law and the precedents on the point.
15. In the light of the aforesaid nature of deposition of the prosecutrix, PW1, who happens to be the material witness, I am of the considered view that the case of the prosecution cannot be treated as trustworthy and reliable. Reliance can also be placed upon the judgment reported as Suraj Mal versus The State (Delhi Admn.), AIR 1979 S.C. 1408, wherein it has been observed by the Supreme Court as:
"Where witness make two inconsistent statements in their evidence either at one stage or at two stages, the testimony of such witnesses becomes unreliable and unworthy of credence and in the absence of special circumstances no conviction can be based on the evidence of such witness."
16. Similar view was also taken in the judgment reported as Madari @ Dhiraj & Ors. v. State of Chhattisgarh, 2004(1) C.C. Cases 487.
17. Consequently, no inference can be drawn that accused is guilty of raping the prosecutrix. There is no material on record to suggest that the prosecutrix was ever raped and threatened by accused Mr.Ajayveer Singh or that he outraged her modesty. No case is made out against the accused Session Case Number : 27 of 2014.
Unique Case ID Number : 02401R0064592014 FIR No.670/2013, Police Station Rajouri Garden Under sections 376, 506 of the Indian Penal Code.
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Mr.Ajayveer Singh as there is no incriminating evidence against him. In fact, the prosecutrix has deposed that accused Mr.Ajayveer Singh has not committed any offence against her and she has prayed for his acquittal.
18. Crucially, the materials and evident on the record do not bridge the gap between "may be true" and must be true" so essential for a Court to cross, while finding the guilty of an accused, particularly in cases where once the prosecutrix has herself claimed that the accused has not committed any offence against her. Even otherwise, no useful purpose would be served by adopting any hyper technical approach in the issue.
19. Consequently, no inference can be drawn that accused Mr. Ajayveer Singh is guilty of the charged offences under sections 376, 506 and 354 of the IPC. There is no material on record to show that on 24.05.2013 at about 11.30pm-12.00 mid night in the room of the pros- ecutrix at her house, the accused showed her a knife and committed rape upon the prosecutrix. There is no material on record to show that on 25.05.2013 at night in the room of the prosecutrix, he threatened the pros- ecutrix to kill her son and committed rape upon her. There is no material on record to show that on 26.05.2013 in the room of the prosecutrix Garden, he committed rape upon the prosecutrix. There is no material on record to show that on20.10.2013 at 1.00- 1.30 pm in the room of the prosecutrix, he pulled her clothes and outraged her modesty.
20. From the above discussion, it is clear that the case of the prosecution is neither reliable nor believable and is not trustworthy and the Session Case Number : 27 of 2014.
Unique Case ID Number : 02401R0064592014 FIR No.670/2013, Police Station Rajouri Garden Under sections 376, 506 of the Indian Penal Code.
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prosecution has failed to establish the offence rape, threat and outraging the modesty of a woman. The evidence of the prosecutrix makes it highly improbable that such an incident ever took place. In fact, the prosecutrix has deposed that the accused has not committed any offence against her.
21.Therefore, in view of above discussion, the conscience of this Court is completely satisfied that the prosecution has failed to bring home the charge against accused Mr.Ajayveer Singh due to complete lack of evidence for the offence under sections 376, 506 and 354 of the IPC .
22.Consequently, the accused, Mr.Ajayveer Singh is hereby acquitted of the charge for the offence under sections 376, 506 and 354 of the IPC.
23. Compliance of section 437-A Cr.P.C. is made in the order sheet.
24. Case property be destroyed after expiry of period of limitation of appeal.
25. It would not be out of place to mention here that today there is a public outrage and a hue and cry is being raised everywhere that Courts are not convicting the rape accused. However, no man, accused of rape, can be convicted if the witnesses do not support the prosecution case or give quality evidence or where the prosecutrix is hostile, as in the present case, as already discussed above. It should not be ignored that the Court has to confine itself to the ambit of law and the contents of the file as well as the Session Case Number : 27 of 2014.
Unique Case ID Number : 02401R0064592014 FIR No.670/2013, Police Station Rajouri Garden Under sections 376, 506 of the Indian Penal Code.
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testimonies of the witnesses and is not to be swayed by emotions or reporting in the media.
26. One copy of the judgment be given to the Substitute Additional Public Prosecutor, as requested.
27. After the completion of formalities and expiry of the period of limitation for appeal, the file be consigned to the record room.
Announced in the open Court on (NIVEDITA ANIL SHARMA) this 01st day of December, 2014. Additional Sessions Judge, (Special Fast Track Court)-01, West, Tis Hazari Courts, Delhi.
************************************************************* Session Case Number : 27 of 2014.
Unique Case ID Number : 02401R0064592014 FIR No.670/2013, Police Station Rajouri Garden Under sections 376, 506 of the Indian Penal Code.
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