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2012 Supreme(Del) 2776

S.RAVINDRA BHAT, S.P.GARG
State – Appellant
Versus
Jai Hind – Respondent


Advocates:
For the Appellant: Mr. Sanjay Lao, APP.
For the Respondent:Mr. Kedar Yadav, Advo#31;cate with respondent in person.

JUDGMENT :

1. This is an appeal against the acquittal of the respondent on a charge of rape of a minor child “Baby X” aged about ten years on the date of the incident.

2. The alleged facts which can be gleaned from the Complaint (Ex. PW-2/A/12/A) are that on 27.08.2008, when the prosecutrix was alone at her elder sister’s house, at about 1:00 PM in the afternoon, the present respondent Jai Hind (hereafter “the accused”), who lived in a room in the same premises, entered her room and bolted the door. He removed her underclothes. When she protested, he threatened to kill her, her sister and her brother-in-law. He then raped her (there was penal vaginal penetration). When she started weeping from the pain, he ran away. At about 8.00 PM, that evening, Rakhi, PW-1 the prosecutrix’s cousin, (who lived downstairs), returned from work. Baby X told her that her abdomen was hurting. The next day, i.e., on 28.08.2008, she was again alone at home, and at about 2.00 PM, the accused, again went inside the room, bolted it from inside and raped her. While leaving, he threatened to kill her if she told anyone about this. That evening, again, PW-1 Rakhi, came to her house at around 8.00 PM, and `X’ a



































































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