AIROnline 2020 Del 1104

Delhi High Court

Hon'ble Judge(s): Vibhu Bakhru , J

Penal Code (45 of 1860) , S.376, S.452, S.506(ii)— Evidence Act (1 of 1872) , S.3— Rape - Appreciation of evidence - Accused allegedly gagged mouth of prosecutrix, dragged her into room and committed sexual assault on her - Description of incident by prosecutrix is that of a full penetrative sexual assault and violent one - Yet, there were no injuries found on her body of any kind - MLC records that she had reported being sexually assaulted by an "unknown assailant", though she had named accused - She disclosed incident to her mother eighteen days later near gate and and not in privacy inside her home - Delay in filing of FIR ensured loss of medical or forensic evidence that could possibly support prosecution case - There was also controversy regarding arrest of accused - Failure to seize mattress and bed sheets was fatal - Accused acquitted. (Para 26 30 31) .....