498A along with rape charges on family members

7/23/2019 498A along with rape charges on family members

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IN THE COURT OF SH. VIRENDER BHAT, A.S.J. (SPECIALFAST TRACK COURT), DWARKA COURTS, NEW DELHI.

SC No.79/15

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JUD>?ENT

1. Accused Ashok Kumar, Rajesh, Himanshu, Praveen,

Priyanka and Pushpa had been charge sheeted by the prosecution

for having committed the offence punishable us !"#A!$%&! 'P(.

). According to the prosecution case, the prosecutri*

namely +P+ real name has been -ithheld in order to conceal her

identity had submitted a -ritten complaint in the police station

against the above named persons. Accused Himanshu is her

husband, accused Ashok and accused Pushpa are her parents in

la-, accused Priyanka is her sister in la-, accused Praveen is

Priyanka+s husband and accused Rajesh is the maternal uncle of

Himanshu. Apart from levelling allegations of cruelty and do-ry

demands in the complaint, the prosecutri* had also stated therein

that her husband Himanshu had been committing un/natural se*

-ith her and Himanshu+s maternal uncle Rajesh had committed

rape upon her on 1!.0.)$1!.

&. 'R -as registered on the aforesaid complaint of the

prosecutri* and the investigation -as entrusted to 2' 2uman. 2he

got the medical e*amination of prosecutri* conducted and sei3ed

the e*hibits given by the doctor. 4he prosecutri* -as produced

before a lady 5agistrate, -ho recorded her statement us 1%!

(r.P.(. 4he accused Ashok and Rajesh -ere arrested after their

bail applications -ere dismissed by the 2essions (ourt. 4he bail

applications of the remaining accused -ere dismissed by the

2essions court but they -ere granted anticipatory bail by the High

(ourt later on. 4hey joined the investigation and -ere interrogated

by the '6. All the e*hibits of the case -ere sent to the 27 by the

SC No.79/2015 Page 2 of 6


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'6 for forensic e*amination.

!. After completion of the investigation, the '6 prepared

the charge sheet and submitted the same to the court concerned.

8pon committal of the case to the court of sessions, the accused

Ashok and accused Praveen -ere discharged vide order dated

".11.)$10 by this court. Ho-ever, charge us &99 'P( -as framed

against accused Himanshu, charge us &9% 'P( -as framed againstaccused Rajesh and charge us !"#A 'P( and us 0$%&! 'P( -as

framed against three accused Himanshu, Pushpa and Priyanka.

urther charge us !$% 'P( -as also framed against accused

Pushpa.

0. All the accused denied the charges and hence trial -as

held.

%. 4he prosecution e*amined 9 -itnesses to prove the

charges against the accused. 4he accused -ere e*amined us &1&

(r.P.(. on 1%.1).)$10 -herein all of them denied the prosecution

case and claimed false implication. Ho-ever, they did not lead any

evidence in defence.

9. ' have heard ld. APP, ld. (ounsel for accused and have

perused the entire record.

#. 4he prosecutri* has been e*amined as P:!. 'n her

e*amination in chief, she reiterated that she had been treated -ith

cruelty by her in la-s i.e. accused persons and cash in the sum of

Rs. 0 lacs as -ell as heavy je-ellery -ere being demanded from

her. 2he also reiterated that accused Rajesh had committed rape



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upon her on 1!.0.)$1!. 2he added that her father/in/la- Ashokalso committed rape upon her on 1#.0.)$1!. 2he deposed that her

husband used to sho- blue films to her and then used to have oral

se* as -ell as anal se* -ith her.

". Ho-ever, in the cross e*amination conducted on

behalf of accused persons, she took a complete 8/turn and

deposed totally contrary to the prosecution case as -ell as to herdeposition in e*amination in chief. 2he admitted that none of the

accused had ever beaten her or had ever demanded do-ry from

her. 2he admitted that neither her husband nor any of her in la-s

had inflicted any physical, mental or se*ual harassment upon her.

2he deposed that her parents had told her that her husband has

eloped along-ith the -ife of his o-n cousin and upon hearing this

she became enraged and in a fit of rage as -ell as upon theirinstigation, she -ent to police station to lodge a complaint. 2he

further deposed that somebody had -ritten the complaint in the

police station, upon -hich she -as asked to sign -ithout being

permitted to go through its contents. 2he admitted that the

contents of the application -ere not even read over to her before

taking her signatures upon the same. 4he complaint -as read over

to her in the court and she stated that its contents are false and

incorrect. 2he deposed that no incident as deposed by her had

infact taken place. 2he stated that she reiterated the contents of

the complaint in her statement to the ld. 55 and in her

e*amination in chief also on the asking of the police officials

including the '6.

1$. 2he -as re/e*amined by the ld. APP -ith the

permission of the court and in her re/e*amination, she denied that



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she had submitted the complaint ;*. P:!A in the police stationvoluntarily and not in a fit of rage or upon the instigation of her

parents. 2he also denied that the contents of her complaint ;*.

P:!A and her statement us 1%! (r.P.(. ;*. P:!< -ere true and

correct.

11. P:0 is the father of prosecutri* and P:% is her

mother. 'n their e*amination in chief, they also deposed that theirdaughter i.e. the prosecutri* -as treated -ith cruelty by her in

la-s and they had been demanding a car, Rs. 0 lacs in cash and

heavy je-ellery from her. Ho-ever, in the cross e*amination, they

also admitted that prosecutri* -as never harassed by her in la-s

or by her husband at any point of time. 4hey e*pressed ignorance

about the contents of the complaint ;*. P:!A stating that it -as

neither -ritten by them nor by their daughter. 4hey admitted that-hen they heard that their son/in/la- Himanshu had eloped -ith

the -ife of his cousin, they got enraged and pressurised their

daughter to file a case against him. P:% also admitted that her

daughter had not told her that Himanshu+s maternal uncle Rajesh

had raped her.

1). 4hese -ere the three star -itnesses of the

prosecution. All of them have deposed totally contrary to the

prosecution case in their cross e*amination. 4hey have said one

thing in the e*amination in chief and have given totally contrary

version in their cross e*amination. 't is thus evident that all the

accused are innocent and none of them had inflicted any kind of

cruelty physical, mental or se*ual upon the prosecutri*. 't is also

manifest that none of the accused has made any do-ry demand

from the prosecutri*.



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1&. 4herefore, the prosecution has failed to lead any

cogent, credible or trust -orthy evidence to prove the guilt of the

accused. All the accused are, therefore, liable to be ac=uitted and

are hereby ac=uitted.

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498A along with rape charges on family members

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