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2019 Supreme(Del) 1729

HIMA KOHLI, MANOJ KUMAR OHRI
State – Appellant
Versus
Radhey Shyam Mishra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Aashaa Tiwari, APP.

ORDER :

1. The State is aggrieved by the judgment dated 07.1.2018, passed by learned ASJ-Special (FTC-2), (Central), Tis Hazari Courts, Delhi, acquitting the respondent in Case No. 576/2017, arising out of FIR No. 622/2016 P.S. Burari for the offence under Section 376(2)(f) IPC.

2. The case as set up by the prosecution is based on the statement of the prosecutrix that on 20.12.2016 at about 1.00pm, she had gone to get some medicine from the clinic of a homeopathic doctor, the respondent herein. At that time, no one was present in the clinic. As per the prosecutrix, the accused took her to the patient couch behind the curtain and locked the clinic from inside and raped her. When the husband of the prosecutrix, PW-5, Ram Vilas returned home at 9.00PM, she narrated the incident to him. Since it was night time, they did not go to the P.S. to lodge a complaint against the accused. A complaint was lodged on the next day i.e., on 21.1.2016 at 10.00AM. Based on the said complaint, investigation was conducted and a charge for the offence punishable under Section 376 (2) (f) IPC was framed against the accused.

3. After the trial was concluded, the learned trial court arrived at a conclusion tha

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