State of NCT of Delhi vs Ashish Kumar - 2023 Supreme(Del) 3028

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 3028

SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
State of NCT of Delhi – Appellant
Versus
Ashish Kumar – Respondent

Advocates appeared:
Mr. Tarang Srivastava, Additional Public Prosecutor, for State with SI Vandana, PS Hari Nagar.
Mr. Rajiv Mishra, Mr. Sazeem Khan & Ms. Suruchi Yadav, Advocates, for the Respondent.

JUDGMENT (Oral)

1. The present appeal has been preferred by the petitioner-State against the judgment and order dated 26.11.2019 passed by the learned court of Sessions in FIR No.109/2012, registered at Police Station Hari Nagar, Delhi for the offences under Sections 376 (2)(g)/506/34 IPC, whereby respondents-accused have been acquitted of the offences charged with.

2. The facts of the present case, as enumerated in the petition, are that on 20.03.2012, the complainant (prosecutrix) filed a complaint in the police station that on 19.03.2012 at around 05:00 pm in the evening while she was standing at Sagarpur Bus Stand a boy, namely, Ashish offered her to accompany him to the market and thereafter, took her to his house, i.e. C-4, Janakpuri, where no one was present. Respondent No.1-accused made physical relations with her and also called his friend respondent No.-2-accused to his house. The complainant stated that respondent No.2 reached on a motorcycle and she along with respondents No.1 and 2 went to Gurugram on his bike, from where they took her to Chanakya Hotel, Gurugram. She was forced to drink liquor, thereafter both of them committed wrong acts upon her. Complainant furth

Click Here to Read the rest of this document