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DELHI HIGH COURT
MUKTA GUPTA, MINI PUSHKARNA
State – Appellant
Versus
Rahul – Respondent
| Table of Content |
|---|
| 1. details of the case and prosecution's failure (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding credibility of the victim's testimony (Para 5 , 6) |
| 3. court's detailed observations on evidence and victim's credibility (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 4. final verdict and sentencing of the accused (Para 25 , 26 , 27 , 28 , 29 , 30 , 31) |
JUDGMENT
Mini Pushkarna, J.
1. Feeling aggrieved with the impugned judgment dated 20.10.2011 passed by learned ASJ/Special Judge (NDPS) (West Delhi) in Sessions Case No.47/2010, arising out of FIR No.45/2010 under Sections 376/377 IPC registered at Police Station - Nabi Karim, the present appeal has been filed on behalf of the State. By way of the impugned judgment, the Sessions Court has acquitted the accused/respondent by granting him benefit of doubt by holding that the prosecution has failed to prove its case beyond any reasonable doubt.
2. As per the case of the prosecution, on 22.04.2010, at about 2.00 PM, the victim while returning from school wanted to ease herself and had gone to the public toilet situated at Multani Danda, Paharganj, Gali No.6. The accused followed her a
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