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CHARGE

4. After hearing arguments, charge for offence under sections 451, 328, 376 and 506 of the IPC was framed against the accused by the learned predecessor vide order dated 09.11.2012 to which he pleaded not guilty and claimed trial.

Sessions Case Number : 70 of 2013.

Unique Case ID Number : 02401R0167562012.

FIR No. 22/2012, Police Station Moti Nagar, Under sections 376/328/506 of the Indian Penal Code. State vs Anil Kumar Shukla. -:: Page 3 of 61 ::-

Sessions Case Number : 70 of 2013.

Unique Case ID Number : 02401R0167562012.

FIR No. 22/2012, Police Station Moti Nagar, Under sections 376/328/506 of the Indian Penal Code. State vs Anil Kumar Shukla. -:: Page 10 of 61 ::-

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16. On 04.02.2012 Ct. Rajesh Kumar (PW8) joined the investigation of this case with IO/SI Vipnesh (PW14) and accompanied the IO to the house of the prosecutrix and SI Rajender (PW16) was present at the spot and complainant/prosecutrix (PW1) met them and IO recorded her statement (Ex.PW1/A) and prepared a rukka (Ex.PW14/A) upon the same. Ct. Rajesh took rukka to Police Station Moti Nagar and handed over to the duty officer SI Suneel Dagar (PW6) who recorded the FIR (Ex.PW6/C). On 04.02.2012 SI Suneel Dagar (PW6) recorded the information in the PS that a rape has been committed by a Tantrik at House no. WZ-92 D, Raja Garden, Delhi and the said information was recorded in the Roznamcha by WHC Bimla and the true copy of the information recorded through DD no. 23 A (Ex.PW6/A). On the same day, Kaymi DD no. 32 A was recorded by SI Suneel Dagar (PW6) when he received a rukka from IO/SI Vipnesh (PW14) through Ct. Rajesh (PW8). The photocopy of the DD no. 32 A (Ex.PW6/B) and also got recorded FIR no. 22/2012 from computer operator on the basis of rukka which he received from the IO/SI Vipnesh (PW14) and the FIR was recorded under section 376/328/506 IPC (Ex.PW6/C).

Unique Case ID Number : 02401R0167562012.
FIR No. 22/2012, Police Station Moti Nagar, Under sections 376/328/506 of the Indian Penal Code. State vs Anil Kumar Shukla. -:: Page 13 of 61 ::-
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learned ASJ (West) who was hearing the bail application of the accused, IO/SI Vipnesh (PW14) had obtained the call detail records of the mobile phones of prosecutrix(PW1) and the accused. Since there were verbal directions of the hon'ble Court of Mr. Rakesh Siddharth, Ld. ASJ during the hearing of bail proceedings of accused, so IO/SI Vipnesh (PW14) had collected the call detail record of mobile phones of the prosecutrix (PW1) and the accused and the above mentioned call detail record (Ex.PW- 14/X) was annexed with the chargesheet, however she did not obtain any certificate from the Nodal officer regarding its authenticity. During investigation, it was revealed that prosecutrix was using the mobile phone number (number mentioned and withheld to protect the identity of the prosecutrix) and the accused was using mobile phone number 9811745026. IO/SI Vipnesh (PW14) recorded the statements under section 161 Cr.P.C. of the prosecutrix (PW1), Mr. Yaman Bhasin (PW2- husband of the prosecutrix), Ms. Uma Devi (PW3- mother of the prosecutrix), Ms. Kanchan Bhasin (PW4- mother in law of the prosecutrix), Mr. Moti Singh (PW5- maternal uncle-mama of the prosecutrix) and other witnesses. On 04.02.2012 IO/SI Vipnesh (PW14), had deposited two parcels and one sample seal and HC Surender (PW12) had made entries of the same vide register no. 19 vide serial no. 2366/12 (Ex.PW12/A). On 05.02.2012 IO/SI Vipnesh deposited two parcels and one sample seal and aforesaid pullandas were deposited vide register no. 19 vide serial no. 2367/12 (Ex.PW12/B). On the same day IO/SI Vipnesh had deposited the personal search articles of the accused (one mobile phone of Samsung) vide register no. 19 at serial no.

175. Accordingly, Mr.Anil Kumar Shukla, the accused, is hereby acquitted of the charges for the offences of house trespass, intoxication, rape and threat under sections 451, 328, 376 and 506 of the IPC.

Sessions Case Number : 70 of 2013.

Unique Case ID Number : 02401R0167562012.

FIR No. 22/2012, Police Station Moti Nagar, Under sections 376/328/506 of the Indian Penal Code. State vs Anil Kumar Shukla. -:: Page 58 of 61 ::-