The testimony of the prosecutrix was found to be untrustworthy, unreliable, and self-contradictory, and the limited CCTV footage did not support the case of the prosecution. As a result, the court found that the testimony of the prosecutrix could not be relied upon for the conviction of the respondents.

JUDGMENT :

Siddharth Mridul, J.

The present appeal instituted by the state under the provision of section 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C') assails the judgment dated 01.05.2015, rendered by learned Additional Sessions Judge-Special FTC-2 (Central), Tis Hazari, Delhi, in Session Case No. 37/2013, titled as 'State vs. Hawan Pratap Singh @ Pappi & Anr.', emanating from F.I.R No. 156/2012 registered at Police Station NDRS; whereby the learned Trial Court has acquitted the accused, Hawan Pratap Singh @ Pappi and Pintu Kumar, Respondent No. 1 and Respondent No. 2 herein, respectively, of the charges framed against them under section 376(2)(g)/506/34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC').

2. The case of the prosecution as elaborated by the learned Trial Court is briefly encapsulated as follow: -

"1. On 05.09.2012 on receipt of DD No.2A at PS NDRS SI Dalip Singh reached at PP Sanghtarashan. Prosecutrix 'A' (name withheld to protect her identity) was found present at the PP along with her elder sister 'N' (name of her sister also withheld to protect her identity). The statement of the complainant 'A' Ex.PW-1/A was recorded at PP Sanghtarashan by PW-21 SI Dalip Singh.

2. It is the case of the prosecution that vide her complaint Ex.PW1/A, the complainant 'A' revealed that she was living with her elder sister 'N' at a house in Madhi Wali Gali, Vishnu Garden, Delhi and about six month ago, her sister 'N' had sold the aforesaid house. Thereafter, both of them started living in temples and gurudwaras. She further stated that her father left for an unknown place about 7-8 years ago and her mother expired 15 days ago.

3. Complainant 'A' further stated in her complaint that on 04.09.2012, at about 3 AM she along with her sister 'N' had gone to PS NDRS along her belongings. When they reached the main hall of the railway station, one railway police official namely Pintu met them and inquired from them as to where they want to go. They informed him that they want to go to Jammu. Upon hearing this, Pintu got deposited their two bags in the Cloak room at Platform No.1 and also took their mobile number. As per the complainant, at about 7 AM, she went to kirti nagar along with her sister 'N' for who had to take an injection. Pintu continued to call them and told them that he had booked a room for them and asked them to come here.

4. Complainant 'A' further alleged in her complaint that she and her sister 'N' revealed these facts to one boy namely Pappi, who does 'Seva' in 7 Manjila Mandir' situated in Tilak Nagar, Delhi. Thereafter, he accompanied both of them to New Delhi Railway Station in a TSR which was parked outside the Railway Station. Complainant then took the boy i.e. Pappi and went inside the Railway Station to collect their luggage. Officials of Cloak Room asked her to call Pintu as the luggage was deposited by Pintu in his name. When they called Pintu, he took them to room No.201 on the IInd Floor on the pretext of showing them the room. On reaching there, Pintu and Pappi talked to each other and locked the room from inside. Thereafter, both of them threw her on a bed and raped her forcibly one by one. Complainant 'A', also alleged that both of them also threatened to kill her in case she would raise an alarm or disclose about this incident to anyone. Complainant 'A' after coming out of the room narrated all the facts to her elder sister 'N'. Some one made a call at 100 number and they were brought to PP Sanghtarashan.

5. It is further the case of the Prosecution that after recording the statement of the Prosecutrix 'A', SI Dalip Singh got the Prosecutrix medically examined at LHMC Hospital and got the case registered under Section 376/506/34 IPC.

6. Further investigation of the case was handed over to Insp.Meera Sharma, SHO PS NDRS. The IO, during investigation, got the place of incident i.e. Room no.201, IInd Floor, PG Side, NDRS inspected through the Crime Team and phot