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PROSECUTION CASE

3. Mr. Somnath @ Ashok, the accused, has been charge sheeted by Police Station Nangloi, Delhi for the offence under sections 354/506/376/511 of the Indian Penal Code (hereinafter referred to as the IPC) on the allegations that on 01.05.2013 at unknown place and time he demanded Rs.4 lacs from the prosecutrix (name mentioned in the file and withheld to protect her identity) and threatened to kill her husband or to defame the prosecutrix in the locality; on 02.05.2013 at about 2.00 pm at Camp No.2 Nagloi near shop of Raju Tyre, Nangloi, the accused outraged the modesty of the prosecutrix by holding her hand; 10-11 months prior to 03.05.2013 at unknown time and place while coming back from Rohini Court with the prosecutrix, accused attempted to rape the prosecutrix and thereafter again accused attempted to rape her in Burari at unknown date and place.

8. The accused has preferred not to lead any evidence in his defence.

ARGUMENTS

9. 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.

10. The Additional Public Prosecutor for the State had argued the matter at length and has requested for convicting the accused for having committed the offence under sections 384/506/354/376/511 of the IPC submitting that the prosecution has been able to bring home the charge against the accused by examining its witnesses whose testimonies are corroborative and reliable. No motive can be assigned to the prosecutrix for false implication of the accused.

Unique Case ID Number : 02401R0372282013 FIR No. 136/2013, Police Station Nangloi Under sections 354, 506, 376 and 511 of the Indian Penal Code. State versus Somnath @ Ashok -:: Page 7 of 41 ::-

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Nangloi where prosecutrix along with her husband Mr. Badri Prasad (PW5) and the accused were present. IO ASI Ranbir Singh recorded the statement of the prosecutrix (Ex.PW2/A) and made endorsement on the complaint and prepared rukka (Ex.PW7/A). The case got registered at PS Nangloi through Ct. Rajesh. ASI Ranbir Singh (PW7) prepared site plan (Ex.PW7/B). IO ASI Ranbir Singh (PW7) interrogated the accused vide his disclosure statement (Ex.PW2/C). The accused was arrested vide arrest memo (Ex.PW2/B) and his personal search was taken vide personal search memo (Ex.PW4/A). The accused was taken by IO ASI Ranbir Singh (PW7) and Ct. Rajesh (PW4) to SGM hospital for his medical examination where he was medically examined. Prosecutrix had refused to undergo medical examination. On 03.05.2013, the accused was produced in the Court and sent to judicial custody. Prosecutrix (PW1) was produced before learned Metropolitan Magistrate for recording her statement under section 164 of the Cr.P.C. The statement of the prosecutrix under section 164 of the Cr.P.C. (ExPW2/D) was recorded by Mr.Pankaj Arora, learned Metropolitan Magistrate (PW3) on the application of the IO (Ex.PW7/C) and copy of the statement was given to the IO on his application (Ex.PW7/D). The prosecutrix levelled the allegations of attempt to rape against the accused in her statement under section 164 of the Cr.P.C and IO ASI Ranbir Singh (PW7) added some more sections 376/511/384 of the IPC during investigation and recorded the statements of all the prosecution witnesses. On 26.07.2013, the further investigation wasmarked to ASI Neelam (PW6) and she filed the charge sheet.

Unique Case ID Number : 02401R0372282013 FIR No. 136/2013, Police Station Nangloi Under sections 354, 506, 376 and 511 of the Indian Penal Code. State versus Somnath @ Ashok -:: Page 39 of 41 ::-

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accused attempted to rape her in Burari at unknown date and place.
97. All the above facts indicate that there is no veracity in the prosecution case in respect of the offences of extortion, threat, outraging modesty and attempted rape of the prosecutrix by accused Mr.Somnath @ Ashok and the accused merits to be acquitted for the offence under sections 385, 506, 354 and 376/511 of the IPC.