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Showing contexts for: parks table in State vs . Pandit Shiv Dutt Sharma Page No. 1/27 on 7 October, 2017Matching Fragments
1. This case vide FIR no. 419/2014 u/s 376/328/323 IPC was registered on 30.06.2014 at the police station Jaitpur, New Delhi on the complaint of the prosecutrix (name withheld to protect her identity) who inter alia alleged that she knew the accused Pandit Shiv Dutt Sharma from before. He used to do pujapath in her parents house. Her bhabhi had suggested her to contact the accused to know the auspicious date of the marriage of her son. She contacted the accused on his number 9312846907 FIR No. : 419/14 PS : Jaitpur from her number 8750020324. She asked him to come at her house but he asked her to come at his house on 05.06.2014 at about 8:00 p.m. at Shakti Vihar, Meethapur, New Delhi. He also asked her to call him first before coming. On 05.06.2014 at about 7:00 p.m., she called the accused and went to his house. He was standing in the gali. He called her inside the house. At that time, none else was there. He asked her to sit on the sofa. A motorcycle was parked there. A laptop was on a table. He brought a steel glass and gave her water. After taking water, she started feeling uneasy and giddy. She felt that the accused mixed some intoxicant in the water. She tried to go away from there but struck against the motorcycle and fell down. When the accused found that she was not in sense, he tried to molest her. She was unable to speak but was feeling that the accused was committing sexual intercourse with her forcibly. She was helpless. When she was resisting him, he inflicted blow on her head with some object as a result, she became unconscious. On 12.06.2014, she came in senses in Max hospital. She checked her clothes which she was wearing at that time. She told it to her husband who brought her to the police station to make the complaint.
14. The basic question now is whether the accused had caused the prosecutrix to drink some intoxicant / stupefying substance with an intent to commit rape upon her or he committed sexual intercourse with her against her wishes or he voluntarily caused hurt to the prosecutrix. For deciding this question, it is relevant to discuss the testimony of the prosecutrix in detail.
15. PW6 / prosecutrix has deposed on the lines of her complaint / statement Ex.PW6/A. She stated that the accused used to perform puja in the house of her parents. She knew him from before. She has two sons aged 25 years and 21 years. About 5 / 6 days before, her bhabhi had advised her to talk to the accused to find auspicious date for the marriage of her son. She requested the accused to come to her house but he asked her to come in his house after 4 - 5 days. On 05.06.2014 at about 7:00 p.m., she called the accused and confirmed the time. She took an auto and went to his house at 23, Gali no. 7/2, Shakti Vihar, Meethapur, Delhi. The accused was standing outside his house. He asked her to come inside. At that time, none else was there. He made her sit on the sofa in the room where a bike was parked and a table was kept. After a little while, he brought a glass of water and offered her to drink. After drinking water, she started feeling giddy and unconsciousness. She felt that some sedative was mixed in the water. She got up from the sofa. The accused was standing in front of her. He started molesting her. She collided with the motorcycle. She sustained injuries on her right leg below the knee. She was not able to cry or shout. He again molested her and committed rape upon her. Though, she was looking at him but was unable to raise hands or cry or resist him since she was under the effect of intoxication. He then hit her on her head with some object as a result, she became unconscious. When she regained FIR No. : 419/14 PS : Jaitpur consciousness on 12.06.2014, she was in Max Hospital. She was discharged from there on 17.06.2014. She started feeling better and recollecting what had happened with her. On 30.06.2014, she told the incident to her husband and asked about her clothes which she was then wearing. Her husband brought her pajami. She stated that she does not know who had changed her clothes and when her clothes were changed or who had taken her to the hospital. She stated that since she was not in a fit state of mind and not able to recollect the incident, she had not told the incident to her husband immediately after she was discharged from the hospital. Her husband then took her to the police station Jaitpur where she gave her statement Ex.PW6/A. She stated that she was got medically examined vide MLC Ex.PW6/B and her statement u/s 164 Cr.P.C. Ex.PW6/C was also recorded. Police took her to the house of the accused at Meethapur and apprehended him from there. She identified her pajami Ex.P1.