Crl.L.P.No.17 of 2014

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.L.P. 17/2014

STATE

..... Petitioner

Represented by:

Mr.Varun Goswami, APP for

the State with Inspector

V.N.Jha, ATO/South Rohini.

versus

ASHOK KUMAR JAIN

..... Respondent

Represented by:

Mr.B.S.Rana, Mr.Vijender

Bhardwaj and Mr.Satyam

Sisodia, Advocates.

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

%

09.09.2014

1. By the present petition the State seeks leave to appeal against the

impugned judgment dated August 31, 2013 whereby Ashok Kumar Jain has

been acquitted for the offence punishable under Sections 307/452/506/342

IPC.

2. The case of the prosecution is that on September 11, 2008 SI Yashpal

along with Constable Satya Parkash while returning after attending a call of

DD No.42B reached at D-12/68, Sector-7, Rohini where they found a large

gathering and public persons were beating a person. Constable Moolchand

was already present there who was trying to save the said person. They

removed the public and found Rishi (later on told his name as Ashok Kumar

Jain) was being beaten.

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3. Rajni came forward and made a complaint that at about 12.30

somebody knocked the door of their house. When she opened the door she

found one persons who told his name as Ashok standing with a sweets box

in his hand. She tried to talk to her husband but the phone was found

disconnected. Suddenly the said Ashok stopped her, dragged her inside by

holding her hairs. He threatened her to kill. When she tried to run away he

tied her legs, hands and mouth and gave beatings by his shoes. He also

attacked her on her hand with a knife. In the meantime, she heard the noise

of knocking of the door. Her nephew Mohit came inside after breaking the

door when Ashok tried to run away from there.

4. The learned Trial Court acquitted the respondent primarily on the

grounds that there were material improvements in the testimony of Rajni;

though she alleges that she was attacked by a knife and Ashok was

apprehended on the spot however, no knife was recovered and no

independent witness from the public was joined though it is the case of the

prosecution that accused was apprehended when large public had collected.

5. Rajni deposed before the Court that on September 11, 2008 at 12.30

PM she was present at her house D-12/68, First Floor, Sector-7, Rohini,

Ashok Kumar Jain knocked the door of her house and told her that he wants

to give the box of sweets as he was blessed with a son. She asked Ashok

Kumar to deliver the same to her husband at the office but he told that he

had been sent by her husband Raj Kumar Singhal at his resident as he had

gone to Panipat. She opened the door and took the box of sweets from

Ashok Kumar Jain. When she tried to close the door he asked for a glass of

water. As soon as she went for taking the water Ashok Kumar entered the

house and after taking water he said that he wanted to use the toilet. He

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went inside. Rajni made a call to her husband and informed that somebody

had come to their house to give sweets box. She gave the landline phone to

Ashok Kumar Jain to talk to her husband and went to the balcony.

Thereafter Ashok Kumar Jain stated that her husband wanted to talk to her.

She told him that he should go and she will talk to her husband later on,

however, he stated that her husband had some emergency. She took the

phone but found the same disconnected. In the meanwhile, Ashok Kumar

put his one hand on her mouth from the other hand caught hold of her hair

and dragged her inside the room. She bit the hand of Ashok Kumar Jain.

When she asked him what he was doing, he stated that he had come to kill

her. Ashok had a knife with which he attacked her. She stopped the assault

wit