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2017 Supreme(Del) 3616

ASHUTOSH KUMAR
Mahmood Farooqui – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent


Advocates Appeared:
For the Appellant : Mr. Kapil Sibal, Sr. Adv. and Mr. Prashanto Chandra Sen, Sr. Adv. with Ms. Nitya Ramakrishnan, Mr. Ashwath Sitaraman, Ms. Suhasini Sen & Mr. Nizam Pasha & Mr. Shivanshu Singh.
For the Respondent: Ms. Richa Kapoor, ASC Insp. Ram Niwas W/SI Seema, P.S. New Friends Colony
For the Complainant : Ms. Vrinda Grover & Ms. Ratna Appnender.

58. The evidence of the prosecutrix, it has been urged, is of sterling quality and is consistent with other evidence collected during the course of trial and matches with the independent records comprising emails, sms, WhatsApp communication and Call Data Records (CDRs). It has been vehemently argued that the prosecutrix categorically said ‘no’ to the advances of the appellant when he began to kiss her and also pushed him away. The statement of the prosecutrix clearly reveals that while the appellant attempted to disrobe her, she kept on pulling her underwear up. It was only because of the physical strength of the appellant that he pinned the prosecutrix down and forced oral sex on her.

59. Learned counsel for the prosecutrix has drawn special attention to the statement of the prosecutrix where she has said that she became scared and a thought passed in her mind that she would also meet the same fate as Nirbhaya and therefore, she faked an orgasm because she wanted to end the traumatic encounter. In the first communication to the appellant after the incident, the prosecutrix made him known that the act was against her will and without her consent and therefore was a grave violation














































































































































































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