Kp v. State & Ors.
Case brief
What is this about?
Prosecutrix appealed against acquittal of in-laws in a rape case, contending she turned hostile under pressure and had sought re-examination under Section 311 Cr.P.C., which remained undecided when judgment was pronounced. High Court set aside the acquittal and remanded for decision on the Section 311 application.
What did the court decide?
Impugned acquittal judgment set aside; case remanded to trial court to decide pending Section 311 Cr.P.C. application and proceed as per law.
What the court decided
$~1
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- CRL.A. 4/2021 & CRL.M.A.121/2021 & 11565/2021 KP ..... Appellant
Through: Mr. Prakhar Bhatnagar and Mr. Sourav Tyagi, Advocates with appellant in person
versus
STATE & ORS. .... Respondents Through: Ms. Manjeet Arya, APP for State with Insp. Sunil Sidhu, SI Sangeeta (main IO) and SI Manita Mr. Ashok Drall and Ms. Aashi Drall, Advocates for R-2 to 4
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT HON'BLE MR. JUSTICE MANOJ JAIN
O R D E R
% 01.05.2024
- The present appeal has been preferred by the appellant/prosecutrix under Section 372 Cr.P.C. read with Section 482 Cr.P.C. challenging the impugned judgment dated 07.02.2019 passed by learned Additional Sessions Judge, North West, Rohini Courts, Delhi in Sessions Case No.52647/2016. 2. The brief facts of the case are that the appellant got married on 24.11.2022 according to Hindu rites, customs and ceremonies. The appellant alleged that she could not conceive child due to her husband’s impotency but her in-laws started blaming and taunting her and one day, respondent
Issues for consideration
1 issue framed by the court
Could the trial Court pronounce the acquittal judgment without deciding the pending application under Section 311 Cr.P.C. for re-examination of the prosecutrix?
Parties & counsel
- appellant
KP
- respondent
STATE
- respondent
Respondent No.2 (devar/brother-in-law)
- respondent
Respondent No.3 (father-in-law)
- respondent
Respondent No.4 (mother-in-law)
Case details
As recorded by the court registry
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