JUDGMENT
18-12-2019 Vide judgment of conviction dated 19.03.2016
and order of sentence dated 28.03.2016, appellant, Naveen
Kuwar has been found guilty ... stated that he
had not investigated on which date rape was committed. At
para-14, he has stated that he had not inquired from
failed to establish that prosecutrix was minor on the date of alleged rape and,
therefore, question of consent does not arise. If appellant succeeds ... plausible reason for not lodging report of alleged rape between 27-10-2012
to the date of marriage. In this view of the matter
note here that the victim did not disclose any date and time of the alleged rape by Ajay Katara and besides ... asking for help by such stranger without disclosing time, date and exact place of gang-rape upon the victim.
d) Despite allegation of kidnapping
petitioner
that merely because the date of incident is
prior to the date of issuance of Government
Resolution dated 21st October, 2013, issued ... 2019 03:35:27 :::
653.18WP
15
rape. It is true that though the date of
incident is prior to bringing into force such
Government
mentioned wrong dates by mistake and specifically deposed about the
dates on which she was in company of respondent No.2 and rape was
committed ... dates i.e. 25.6.2016 to 27.6.2016
and stated that earlier dates were mentioned because of confusion. So, on
account of these three dates showing rape
case, but the same was
dismissed vide impugned order dated 11.12.2017. Aggrieved against this
order dated 11.12.2017, petitioner has filed the present petition with ... furnished their affidavits dated
28.10.2015 that they do not want to proceed further in FIR No.15 dated
15.10.2015 as no rape was ever committed
sentenced for offence of rape or rape with murder
was not eligible to get furlough leave.
11 The notification dated 16th April, 2018 superseded ... provided that the prisoner sentenced for the
offence of rape or rape with murder is not eligible to get furlough leave.
This rule further provides
complaint dated 05.01.2017 made to the DCP, Dwarka nor
in the complaint dated 17.01.2017 written to the SHO PS Pahar
Ganj, therefore, this is major ... accused-respondent no.2
between 16th December, 2016 (after the date of rape) to 29th January,
2017 (before filing of the complaint
under Section 164
Cr.P.C was recorded. In the said statement dated 30.04.2016, the
prosecutrix no-where stated that she was forcibly taken away ... examination at the earliest. As per the statement (Exhibit P13) dated
30.04.2016, no rape was committed on the prosecutrix by that date. It
means that
MRIDULA BHATKAR, J.
DATED: FEBRUARY 22, 2019
P.C.:
1. This revision application is directed against the order dated
13.2.2018 passed by the learned Additional ... offence was registered 2 years
after the incident of alleged rape. The dates and events as put up
in the FIR and also as they
