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4 of 67 PS - Jahangir Puri The sealed exhibits were sent to the FSL.

Upon completion of necessary further investigation challan for the offences u/s 376/328 IPC was prepared against accused Allauddin and was sent to the Court for trial.

2. Since the offence under section 376 IPC is exclusively triable by the Court of Session therefore, after compliance of the provisions of section 207 Cr.P.C. the case was committed to the Court of Session under section 209 Cr.P.C.

3. Upon committal of the case to the Court of session and after hearing on charge, prima facie a case under sections 376/328 IPC was made out against accused Allauddin. The charge was framed accordingly, which was read over and explained to the accused to which he pleaded not guilty and claimed trial.

4. In support of its case prosecution has produced and examined 26 witnesses. PW1 - HC Rajender Singh, PW2 - HC Jai Pal Singh, PW3 - Dr. Latika, SR, Gynae, BJRM Hospital, Delhi, PW4 - SI 5 of 67 PS - Jahangir Puri Ramesh Chand, PW5 - HC Sudhir Kumar, PW6 - Dr. Gagan, Jr. Resident, Dr. BSA Hospital, Delhi, PW7 - Constable Rahul, PW8 - Lady Constable Sheela, PW9 - Dr. Gopal Krishna, Medical Officer, BJRM Hospital, Delhi, PW10 - Constable Naresh Kumar, PW11 - Lady Constable Sharmila, PW12 - Dr. Chhitiz Mohan, Senior Resident, Surgery, BJRM Hospital, Jahangir Puri, Delhi, PW13 - Dr. Sumit Arora, SR Medicine, BJRM Hospital, Delhi, PW14 - W/Constable Suman Lata, PW15 - Prosecutrix (name withheld), PW16 - SI Arvind, PW17 - Ms. Roshan Nisha, PW18 - HC Guman Singh, PW19 - HC Sandeep, PW20 - Inspector Kamal Duggal, PW21 - Sh. Sunil Kumar, MM, North, Rohini Courts, Delhi, PW22 ­ Sh. Navi Raja, PW23 - Sh.Dharampal, PW24 - W/SI Vineeta Prasad, PW25 - W/SI Shashi Lata and PW26 - SI Rakhi.

PW25 - W/SI Shashi Lata is also the Investigating Officer (IO) of the case, who deposed that on 03.02.2013 (be read as 02.03.2013) she was posted at PS Swaroop Nagar. On that day she was called to PS Jahangirpuri and case FIR NO. 308/12 u/s 328/376 IPC was assigned to her. She had gone through the file and accused Allauddin was yet to be arrested. On 12.03.2013 she obtained the proceedings u/s 83 Cr.PC against the accused Allauddin and SI Rakhi had to be come in the court 28 of 67 PS - Jahangir Puri on 12.04.2013 but she could not come in the court. She handed over the case file to MHC(R).

I accordingly, acquit accused Allauddin for the offences punishable u/s 376/328 IPC.

18. In view of above discussion, I am of the considered opinion that as far as the involvement of accused Allauddin in the commission of offences punishable u/s 376/328 IPC, is concerned, the same is not sufficiently established by the cogent and reliable evidence and in the ultimate analysis, the prosecution has failed to bring the guilt home to 66 of 67 PS - Jahangir Puri the accused Allauddin beyond shadows of all reasonable doubts and there is a room for hypothesis, consistent with that of innocence of accused Allauddin. I, therefore, acquit accused Allauddin for the offences punishable u/s 376/328 IPC after giving him the benefit of doubt. Accused Allauddin is on bail. However, u/s 437A Cr.P.C accused Allauddin shall furnish a personal bond in the sum of Rs. 20,000/­ with a surety in the like amount and the accused and the surety shall also require to annex their latest passport size photographs alongwith their latest residential proof (vide State Vs. Virender Yadav & Anr. 2014 1 AD (DELHI) 389) which shall remain in force for six months and he to appear before the Hon'ble Higher Court as and when such Court issues Notice in respect of any Petition filed against this judgment. Announced in the open Court (MAHESH CHANDER GUPTA) on 29th Day of January, 2016 Additional Sessions Judge Special Fast Track Court (North District), Rohini, Delhi 67 of 67