Kapil Ravi Das vs The State Of Nct Of Delhi on 15 March, 2016

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

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