JUDGMENT

MADHU JAIN, J.

BACKGROUND:

1. The present appeal has been filed under Section 378 (3) read with Section 482 Code of Criminal Procedure, 1973 (hereinafter ‘Cr.P.C.’) assailing the impugned judgment dated 6th December, 2012 passed by Ld. ASJ- 01(South), Saket District, New Delhi whereby, the Respondent herein has been acquitted in Session Case No. 25/11 arising out of FIR No. 06/11 registered at P.S. Fatehpur Beri, for offences punishable under Sections 363/376 of the Indian Penal Code, 1860 (hereinafter ‘IPC’).

BRIEF FACTS:

2. The present case arises out of an incident that occurred in the intervening night of 11-12th January, 2011 at about 1:30 AM. The allegations are that the prosecutrix woke up to attend the call of nature and, while returning to her house, the Accused/Respondent Irfan, a resident of the same neighbourhood, suddenly approached her and gagged her by placing his hand over her mouth. He thereafter lifted her and took her to his room, where he removed her pyjama and undergarments and unzipped his trousers and committed rape upon her. After the commission of the offence, the Accused/Respondent fled from the spot. The prosecutrix then put on her clothes and raised an alarm, upon which her father (PW-2) reached the spot. Thereafter, her father made a call to the police.

3. Vide DD No. 4A dated 12th January, 2011 at about 3:00 AM (Ex. PW-7/A), recorded by HC Madan Lal (PW-7), information was received that a minor girl aged about 13 years had been raped at Telephone Colony, near Lal Chand General Store, Barwali. The Respondent/Accused was subsequently arrested on 13th January, 2011.

4. On the basis of the said information and statement, a case under Sections 363/376 IPC was registered against the Respondent/Accused Irfan. Upon appearance, the Accused/Respondent pleaded not guilty and claimed trial.

5. The statement of the prosecutrix under Section 164 CrPC was also recorded, and statements of other witnesses were duly recorded.

6. Upon completion of investigation, a charge-sheet was filed before the concerned court, and cognizance of the offences was taken.

7. After compliance with the provisions of Section 207 Cr.P.C., vide order dated 29th March, 2011, the case was committed to the Court of Sessions for trial.

8. The prosecution examined fourteen (14) witnesses in support of its case to establish the charges against the Respondent/Accused. They are prosecutrix (PW-1), Kailash Mandal(PW-2), Dr. Munish Sharma (PW-3), Brij Lal Sharma (PW-4), HC Mukesh Kumar(PW-5), Indu Devi(PW-6), HC Madan Lal(PW-7), Sh. Dheeraj Mittal(PW-8), Dr. Uruj Jahan(PW-9), Bipin Sharma(PW-10), HC Jaipal Singh(PW-11), HC Dilip Kumar(PW-12), HC Karan Singh(PW-13) and W.ASI Gyan Prabha (PW-14). The ld. Trial Court has discussed them as under:

“5. In the present case, PW-1 prosecutrix is the star witness. She has deposed that on 12.01.11 she went to bathroom to answer the call of nature and when she was returning, accused Irfan who resides in their neighbourhood, suddenly came there and closed her mouth with hands. Thereafter, he lifted her and took her to his room. He removed her pyjami and underwear and unzipped his trouser. Thereafter, accused committed rape upon her. After committing rape, accused ran away from the spot. She wore her clothes and screamed for help, upon which her father reached there. She narrated the incident to him. Her father made a call to the police. Police arrived there and they were taken to PS. Her statement Ex. PW1/A was recorded. She has also proved her statement U/S 164 Cr.P.C as Ex. PW1/B.

6. In cross-examination, PW-1 has deposed that she studied in a school in Bihar upto 1st Class. She has defied the suggestion that she studied upto 3rd Class in Bihar. She did not bring any school leaving certificate or janampatri from the school in Bihar. She has further deposed in her cross-examination that she took admission in a school in Delhi after one year of their coming from Bihar. After having taken admission in