Crl.A.821 /2004 Page 1 of 9
2. Briefly stated, the prosecution case as reflected in the charge-
sheet was that on the night intervening 17/18.09.1999 at around 02.00
a.m. at jhuggi Mithai Pul Patri, Tis Hazari, Delhi, the appellant committed
rape upon the prosecutrix ‘X’ (changed name) aged around 25 years and
criminally intimidated her. The incident was reported to the police but no
action was taken. The complainant moved an application under Section
156(3) Cr.P.C. before the learned Metropolitan Magistrate which resulted
in lodging the FIR. ‘X’ was medically examined; she recorded her 164
Cr.P.C. statement. Statements of the witnesses conversant with the facts
were recorded. The accused was arrested and medically examined.
Exhibits collected during investigation were sent to Forensic Science
Laboratory for examination. Upon completion of the investigation, a
charge-sheet was filed against him in the Court. The prosecution
examined twelve witnesses to prove its case. In 313 Cr.P.C. statement, the
appellant denied his involvement in the crime and pleaded false
implication. The trial resulted in conviction as mentioned previously.
Being aggrieved and dissatisfied, the instant appeal has been preferred.
Source: Indian Kanoon