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1. Accused has been sent for trial u/s 366/376 IPC.

2. The brief facts of the prosecution story is that the prosecutrix 'S' got recorded her statement in PS Kapashera on 26­09­2011 wherein she has alleged that she is semi literate and State Vs Somveer PS Kapashera U/s 366/376 IPC residing with her parents and working in a plastic godown. It is further alleged that on 12­07­2011 at about 3 pm, accused, maternal brother of the prosecutrix, came to the house of the prosecutrix and enticed her away for going out for a trip and the accused took the prosecutrix to Haridwar and on next day, accused took the prosecutrix at village Basai, Gurgaon where at about 4 am, in bushes situated at a lonely place, committed rape upon the prosecutrix. It is further alleged that accused also stated to have promised to get married with her. It is further alleged that accused also threatened the prosecutrix and on account of fear, she could not disclose this incident to anybody. The prosecutrix contacted the accused and he denied for marriage with prosecutrix and prosecutrix disclosed this incident to her parents and they advised to sort out the matter in the panchayat but no decision has been taken by the panchayat and neither the accused has got married with the prosecutrix nor any legal action was taken against the accused. Thereafter the prosecutrix was taken to hospital for medical check up where she was examined but prosecutrix has refused to get herself examined in Gynecological Department. Statement of prosecutrix was recorded u/s 164 Cr.P.C. but the complainant could not point out the place where offence was committed. Accused was arrested. During investigation, State Vs Somveer PS Kapashera U/s 366/376 IPC statement of witnesses were recorded. Site plan could not be prepared. Parcels were sent to FSL. Charge sheet was filed.

3. After supplying copies to the accused as per law, case was committed to the court of sessions.

4. After due deliberation, charge under Section 366/376 IPC was framed against the accused to which he pleaded not guilty and claimed trial.

5. Prosecution was called upon to adduce evidence to establish its case as per law. Prosecution has tendered nine witnesses in all in support of its case namely: 

          PW­1    W.Ct. Mamta
          PW­2    Prosecutrix (name withheld as per dictum of 
                  Hon'ble Apex Court)
          PW­3    Dr. Neelam Verma
          PW­4    HC Ajay Kumar
          PW­5    Dr.Kumar Abhishek
          PW­6    ASI Jagdish Singh
          PW­7    Shri Arul Varma
          PW­8    SI Vijender Kumar





State Vs Somveer
                                                                 PS Kapashera
                                                              U/s 366/376 IPC


          PW­9    WASI Nirmala
Sixthly­With or without her consent, when she is under sixteen years of age."

38. The definition of consent has been provided under section 90 IPC which has been reproduced as under:

Section 90­Consent known to be given under fear or misconception.­A consent is not such a consent as it intended by any section of this Code, if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe State Vs Somveer PS Kapashera U/s 366/376 IPC that the consent was given in consequence of such fear or misconception; or Consent of insane person­if the consent is given by a person who, from unsoundness of mind, or intoxication, is unable to understand the nature and consequences of that to which he gives his consent; or Consent of child­unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age."

43. For the abovesaid reasons as detailed, accused is hereby acquitted of all the charges under Section 366/376 IPC. His Bail bond and surety bond stand cancelled and his surety is discharged. Original documents, if any, of surety be returned and endorsement, if any, on the documents be cancelled.

44. Accused Somveer is, however, directed to furnish fresh bail bond in sum of Rs. 20,000/­ with one surety in the like amount in terms of Section 437A Cr.P.C. undertaking to appear if called, before Appellate Court as mandated therein. Personal State Vs Somveer PS Kapashera U/s 366/376 IPC bond and surety bond are to be filed and be accepted for a period of six months as provided under Section 437A Cr.P.C.