Delhi District Court
Fir No. 523/15 State vs . Govind Page 1 Of 12 on 12 May, 2016
1
IN THE COURT OF SH. RAKESH PANDIT,
ASJ-01, NEW DELHI DISTRICT, PATIALA HOUSE COURTS, NEW DELHI
Case ID No.02403R0143472015
SC No. 58/15
FIR No. 523/15
PS : Vasant Kunj (S)
U/sec.366A/376 IPC & Sec.6 POCSO Act
In re :
STATE
Vs.
Govind
S/o Sh. Ravinder Kumar
R/o H. NO. 1249, BSS Camp, Rajokari Phari,
New Delhi. ....Accused
Date of filing of charge sheet : 20.07.2015
Date of framing of charge : 25.08.2015
Date of judgment : 12.05.2016
JUDGMENT
1 By this judgment I will dispose of case of the prosecution based on FIR NO. 523/15, P.S. Vasant Kunj (S).
2 The brief facts of the case as per investigation/charge sheet are that there is a complainant namely Smt. Madhavi. On 10.05.2015 at round 6.00 a.m., she went to purchase some articles from a shop. His FIR No. 523/15 State Vs. Govind page 1 of 12 2 husband was collecting bricks of his jhuggi. She told the prosecutrix (minor female aged about 5½ years, name mentioned in charge-sheet) to go to her husband. Prosecutrix X is the grand child of the complainant (natin). When complainant came from shop she had not found the prosecutrix with her husband/room of jhuggi. She stated looking for her. Thereafter she found her on road. Prosecutrix was crying. On inquiry, she told that accused took her to Peer Baba (religious place). There in one room, accused took off her pants. He also took of his pant. He made her sit in his lap and was touching his private organ (penis) with her private organ (vagina). He also made her to hold his private organ (penis) into her hand. The matter was reported to police and present FIR was registered. After the completion of investigation, charge-sheet was filed.
3 Cognizance of the offences was taken. Accused was provided with the copies of the charge sheet and documents. After hearing the arguments on charge, charges under u/sec.6 POCSO Act read with Sec.366A/376 IPC were framed against the accused who pleaded not guilty and claimed trial.
4 To prove its case prosecution examined 6 witnesses.
5 PW1 Smt. Madhavi (nani of prosecutrix, complainant) deposed that on 10.05.2015 prosecutrix came back home crying about 7.00 p.m. and told that one boy had taken her near Peer Baba Mandir and removed her pants and his pant and had inserted his susu in her susu. She called the police. Police recorded her statement Ex.PW1/A. FIR No. 523/15 State Vs. Govind page 2 of 12 3 Victim was taken to the AIIMS Hospital where the medical examination of victim was done. Her statement was also recorded in the court. Accused was arrested vide memo Ex.PW1/B. She correctly identified the accused.
6 PW2 Prosecutrix X D/o Y was examined in question/answer form. Her relevant examination is as follows:-
Q. Did you go to stay with your nani?
Ans. Yes.
Q. When did you go?
Ans. The witness is silent.
Q. Did anybody take you anywhere?
Ans. Yes. The witness has stated that the accused is present today in the court and she has seen him. The accused has made to step out from behind the mirror and the witness has stated that it is he who had taken her.
Q. Where did he take you?
Ans. He took me near the Mandir.
Q. Did something happened?
Ans. Yes. He gave me a toffee.
Q. Whether the person present in the court as accused is FIR No. 523/15 State Vs. Govind page 3 of 12 4 Govind?
Ans. He is Govind uncle. The person who had done something was Govind Bhaiya.
Q. Whether this Govind Uncle is "good" or "bad"?
Ans. He is bad.
Q. Why this Govind uncle (present in the court) is "bad". Is he done anything wrong act with you?
Ans. No. (witness nodded her head in horizontal direction twice suggesting no).
At this stage the witness is consoled by the steno (lady steno) of the court, in the presence of presiding officer and Ld. APP asked following question:-
Q. Whether the accused present in the court had ever tried "put off your pant as well as his pant or whether he was touching his private part with your private part"? Ans. No. (witness nodded her head in horizontal direction twice suggesting no).
At this stage witness is examined regarding her nodding of head i.e. how she says "yes" and "no". FIR No. 523/15 State Vs. Govind page 4 of 12 5 Q. Whether you are accompanying with your nani? Ans. Yes. (witness nodded her head in vertical direction two times.
Q. Whether your father is present in the court? Ans. No. (witness nodded her head in horizontal direction/axis).
At this stage Ld. Addl. PP wants to cross examine the witness as she is resiling from her previous statement given before the police. Heard. Request is declined as the witness is of tender age. However, request of Ld. Addl. PP to place that question on record is allowed. Q. I put it to you that your nani is influenced by the accused and she had tutored you not to say anything regarding the act or anything against the accused? Ans. Permission declined.
Q Whether any statement was recorded by any lady police official in plain clothes?
Ans. Yes.
Q. Have you stated before the lady official that accused FIR No. 523/15 State Vs. Govind page 5 of 12 6 Govind took you in a room situated near Peer Baba and put off his pant as well as your pant and touched his private part with your private part?
Ans. No. (witness nodded her head in horizontal direction twice suggesting no).
Q. Are you under influence of your nani? Ans. No. (witness nodded her head in horizontal direction twice suggesting no).
7 PW3 HC Rakesh Kumar deposed that on 10.05.2015 he was DO. At about 1.30 p.m., on the basis of rukka sent by WSI Brahmo Devi through Ct. Sheotaj, he recorded FIR Ex.PW3/A. He made endorsement on rukka Ex.PW3/B. He also issued certificate Ex.PW3/C u/sec.65B of IEA. He proved copy of DD entry no. 12A dated 10.05.2015 as Ex.PW3/D and copy of DD entry no. 13A Ex.PW3/E. 8 PW4 WSI Saroj Yadav deposed that on 19.05.2015 she was posted in PS Vasant Kunj (S). On that day investigation was handed over her by the order of SHO concerned. She along with HC Rajesh Yadav went to village Rajokari Phari and inquired about the complainant but she could not met them. On 23.05.2015, complainant came to the PS and made complaint Ex.PW4/A which was taken on record vide DD no. 50B. She called Jitender and made interrogation. She recorded the FIR No. 523/15 State Vs. Govind page 6 of 12 7 supplementary statement of complainant on 27.05.2015. She went to Sarvodaya Kanya Vidhayala and collected the students details Ex.P-7 showing date of birth of victim child as 05.12.2009. She prepared the challan and file the same in the court.
9 PW5 WSI Brahmo Devi deposed that on 10.05.2015 after receiving DD no. 12A, she along with SI Pankaj and Ct. Sheotaj went to BSS Camp near Peer Baba, Rajokari Phari. After reaching the spot, SI Pankaj took the victim and her grand mother (PW1) to AIIMS Hospital for medical examination of prosecutrix. Thereafter she went AIIMS Hospital where medical examination of victim child was conducted. After medical examination, doctor handed over four sealed pullandas to her. The same were taken into possession vide memo Ex.PW5/A. She made interrogation from the victim child and recorded the statement of PW1. She made endorsement Ex.PW5/B on statement of complainant i.e. Ex.PW1/A and handed over the same to Ct. Sheotaj for getting the FIR registered. She also recorded the statement of victim child Ex.PW5/X. She got prepared the site plan Ex.PW5/C at the instance of complainant. She went to the house of accused and apprehended him. She prepared site plan Ex.PW5/C. Accused was personally searched vide personal search memo Ex.PW5/D and was arrested vide Ex.PW1/B. She prepared pointing out memo at the instance of accused Ex.PW5/E. She got MLC Ex.P-2 of accused. Doctor handed over to her four sealed pullandas which were taken into possession vide seizure memo Ex.PW5/F. She had recorded the statement of witnesses. She moved an application Ex.PW5/G for recording the FIR No. 523/15 State Vs. Govind page 7 of 12 8 statement of victim child u/sec.164 Cr.P.C. Statement of victim Ex.PW5/H was recorded vide proceedings Ex.P-3. On 14.05.2015, the exhibits were sent to CFSL vide RC No. 79/21 through HC Parvesh.
10 PW6 SI Pankaj deposed that in the intervening night of 09/10.05.2015 he was on emergency duty. At about 6.55 a.m. (10.05.2015) an information was received regarding rape with 5 years old girl near BSS Camp, Rajokari Phari. On this information DD no. 12A was recorded. He along with Ct. Sheotaj and Wct. Sushila went to the spot where complainant/PW1 met him. Senior officials also came at spot. SHO concerned instructed SI Bhrahmo Devi to reach at AIIMS Hospital. He along with Ct. Sushila, Ct. Sheotaj took the victim to AIIMS Hospital in custody of maternal grand mother. Victim was medically examined. WSI Bhrahmo Devi recorded the statement of complainant and done other formalities of investigation.
11 Following documents were admitted by accused/counsel for accused u/sec.294 Cr. P.C. and were read as evidence:-
Serial Description of Number of Admitted Remarks Exhibit/s No. document/s pages /denied by court, if any
1. MLC of victim and 2+9 Admitted To be Ex. P-1 medico legal form read in (colly) prepared by Dr. evidence Mrinalini Gupta
2. Report of potency 1 Admitted To be Ex. P-2 test of accused read in conducted by Dr. evidence Kartik Krishna FIR No. 523/15 State Vs. Govind page 8 of 12 9
3. Proceedings u/s 6 Admitted To be Ex. P-3 164 Cr.P.C read in conducted by evidence Ms.Amrita Tonk, the then, Ld. MM (the envelope with the seal of AT is opened)
4. Statement of W/Ct. 1 Admitted To be Ex. P-4 Sushila read in evidence
5. Statement of Ct. 1 Admitted To be Ex. P-5 Nirmala read in evidence
6. Statement of Ct. 1 Admitted To be Ex. P-6 Sheo Taj read in evidence
7. School record 1 Admitted To be Ex. P-7 pertaining to the read in victim evidence
8. Entry in register no. 2+1 Admitted To be Ex. P-8 19 and copy of RC read in and Ex.
No. 79/21 evidence P-9 12 On account of the admission/denial of documents, following
witnesses were dropped by the prosecution:-
1. Dr. Mrinalini Gupta As her report is already exhibited as Ex. P-1
2. Dr. Kartik Krishna As his report is already exhibited as Ex. P-2
3. Ms.Amrita Tonk, Ld. MM As her proceeding is already exhibited as Ex. P-3 FIR No. 523/15 State Vs. Govind page 9 of 12 10
4. W/Ct. Sushila As her statement is already exhibited as Ex. P-4
5. W/Ct. Nirmala As her statement is already exhibited as Ex. P-5
6. Ct. Sheo Taj As his statement is already exhibited as Ex. P-6
7. Ms. Meena Kaul, As the school record is already Principal exhibited as Ex. P-7
8. HC Parvesh As the entry made by him in register no.19 and RC is already exhibited as Ex. P-8 and Ex. P-9 respectively 13 After the closure of PE, statement of accused was recorded u/sec.313 Cr.P.C. In this statement all incriminating evidence was put to the accused. He deposed that it a false case because PW1 was having enmity with him and his family since he was having friendship with her younger daughter namely Savita aged 17 years. He used to talk to her only on cell phone. PW1 came to know about their friendship and due to this reason PW1 used to beat and torture Savita which derived Savita to commit suicide in the month of September-October, 2014 and since then PW1 was looking for him to avenge which resulted into this false case registered against him. 14 No DE was led by accused.
15 I have gone through the record, evidence and submissions forwarded by Ld. APP for State and Ld. Counsel for the accused. My observations are as under:-
FIR No. 523/15 State Vs. Govind page 10 of 12 11 16 In this case the prime witness was prosecutrix X. Following questions were put to the witness to which she replied in negative:-
"Q. Why this Govind uncle (present in the court) is "bad".
Is he done anything wrong act with you?
Ans. No. (witness nodded her head in horizontal direction twice suggesting no).
Q. Whether the accused present in the court had ever tried "put off your pant as well as his pant or whether he was touching his private part with your private part"? Ans. No. (witness nodded her head in horizontal direction twice suggesting no).
Q. Have you stated before the lady official that accused Govind took you in a room situated near Peer Baba and put off his pant as well as your pant and touched his private part with your private part?
Ans. No. (witness nodded her head in horizontal direction twice suggesting no)."
17 So, in these circumstances witness had totally denied all the allegations/the alleged acts constituting offence. From the perusal of testimony of PW1 i.e. Smt. Madhavi, it appears that she is not the eye witness to the alleged crime. However, in her testimony, she had deposed that there was some dispute between the family of the prosecutrix and the accused before this alleged incident. From the perusal of the MLC of victim Ex.P-1, there does not appears any anomaly. In these circumstances, MLC also does not points towards FIR No. 523/15 State Vs. Govind page 11 of 12 12 the alleged crime. The FSL report dated 28.10.2015 does not help the prosecution.
18 In these circumstances, there is no evidence on record from which it can be gathered that any act of rape/penetrative sexual assault took place with prosecutrix X. Moreover, there is no evidence on record which connects the accused with the alleged crime.
19 Accordingly, prosecution fails to prove its case.
20 Hence accused Govind is acquitted for the offence u/sec.366A/376 IPC & Sec.6 POCSO Act.
21 Bail Bond u/sec.437A Cr.P.C. furnished and accepted.
22 Copy of order be given dasti to prosecution.
23 File be consigned to Record Room.
ANNOUNCED In the open Court (RAKESH PANDIT) today i.e. 12.05.2016 ASJ-01/New Delhi District Patiala House Courts/New Delhi FIR No. 523/15 State Vs. Govind page 12 of 12 13 SC No. 58/15 State Vs. Govind FIR No. 523/15 PS : Vasant Kunj (S) U/sec.366A/376 IPC & Sec.6 POCSO Act 12.05.2016 Present: Sh. Ravindra Kumar, Ld. APP for State.
Sh. Shrikant Sah counsel for accused.
Accused present on bail.
Vide separate order announced and dictated in open court, accused Govind is acquitted for the offences u/sec.366A/376 IPC & Sec.6 POCSO Act Copy of order be given dasti to prosecution.
Bail Bond u/sec.437A Cr.P.C. furnished and accepted for six months.
File be consigned to Record Room.
(Rakesh Pandit) ASJ-01/PHC/New Delhi District 12.05.2016 FIR No. 523/15 State Vs. Govind page 13 of 12