Document Fragment View
Matching Fragments
And finally accused voluntarily had a carnal intercourse against the order of nature with victim Vijay. Accused claimed trial by pleading not guilty to charge.
2. The prosecution case in brief is that on 20.10.2011 DD 16A Ex. PW4/A was recorded in Police Station Nand Nagri that a quarrel had taken place near bus stand, Nand Nagri. SI Yogesh Kumar PW10 took up that DD call for inquiry and with a Constable reached the spot and there he came to know that a boy had been taken to GTB hospital by PCR and accordingly he reached GTB hospital and collected MLC of victim boy Vijay. Victim was found as recorded in MLC to be a case of sodomy at around 4 pm as narrated by the patient himself. MLC shows that patient had been brought in hospital at 5.15pm. Patient had been referred to Department of Surgery and there notes were recorded by Surgeon. An abrasion longitudinal at 6 'O' clock position on anal point was noticed. No semen stains and no external injury was found. Victim Vijay lodged his report as Ex. PW1/A which was recorded by SI Yogesh. As per this report, victim was a resident of B1/296, Nand Nagri and was aged 15 years. On the date of incident that is 20.10.2011, he was playing cricket in B Block Park situated nearby his house. At around 4pm accused Rajeev resident of B2/303, Nand Nagri already known to victim-informant, came to victim and asked him to accompany him. Rahul, maternal son of informant, asked accused as to where he was taking the victim and accused asked him to keep quite and accused then took victim to a washerman table lying in corner of that park and then accused took victim inside his house and then inside a room. There accused made victim to take off his pant and underwear. Accused then put his penis into the mouth of the victim and then inserted his penis into the anus of victim. Somebody arrived and accused ran away. Rahul, informant's counsin then gave a 100 no. call and PCR vehicle arrived and brought victim to GTB hospital. SI Yogesh then recorded endorsement Ex. PW10/B and got the FIR registered for offences under Section 342 and 377 IPC.
4. Prosecution to prove its charge examined victim Vijay as PW1 and his cousin Rahul as PW2. Victim Vijay supporting prosecution case deposed that he was playing cricket in a park B2, Nand Nagri when at around 4 pm accused came and tried to take him alongwith him. Rahul intervened but accused made him to keep quite. Accused then took him to corner of that park where washerman table was lying and accused detained witness there and kept on asking victim to come alongwith him whereas victim kept on declining and refusing. Accused then forcibly took victim to his house and bolted the door from inside. Accused made witness to take off his pant and underwear and took off his own pant also. He started indulging in an unnatural act with victim and he in first instance put his male organ into his mouth and then inserted his male organ inside his rectum. Witness further deposed that meanwhile Rahul arrived and gave a knock on the door of the house. Accused opened the door and ran away. Rahul gave 100 no. call by his mobile phone and police arrived and took victim to GTB hospital. Witness then identified his report which was lodged by him with the Police.