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2015 Supreme(Del) 1138

S.P.GARG
Chander Pal – Appellant
Versus
State (Govt. of NCT) of Delhi – Respondent


Advocates:
Advocate Appeared:
Mr. Ajay Verma, Ms. Neha Singh, Advocate
Mr. Navin K. Jha, APP.

Judgment

S.P. Garg, J.

1. ‘X’ (assumed name) aged around 12 years was ravished on 16.05.2009 at about 02.30 p.m. on the roof of her House No.A-91, gali No.15, Ambika Vihar, Karawal Nagar when she had gone there to answer call of nature. Her parents were not present at the house that time. PW-2 (Kanti Devi) who lived in her neighbourhood happened to witness the incident from the roof of her house. The appellant succeeded to flee the spot before her arrival. She brought ‘X’ downstairs and promptly informed her father about the incident. When X’s parents reached home, they approached the police. Daily Diary (DD) No. 11A (mark PW-14/AA) came into existence at 03.55 p.m. at PS Karawal Nagar. The investigation was assigned to ASI Jeet Singh who with W.Const.Pinki Chaudhary went to the spot. After recording X’s statement (Ex.PW-1/A), the Investigating Officer lodged First Information Report by making endorsement (Ex.PW-14/A) over it. ‘X’ was medically examined. The accused was arrested.

Statements of the witnesses conversant with the facts were recorded. After completion of investigation, a charge-sheet was laid before the Court. Charge under Sections 376/506 IPC was settled against the appe












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