GOPAL SHARMA Vs. STATE

JUDGEMENT

(1.) This is an appeal against judgment dated 27th August 2004 and the Order on Sentence dated 3rd September 2004, whereby the appellant was convicted under Section 376 of IPC and was sentenced to undergo R.I. for 10 years and to pay fine of Rs.20,000/- or to undergo S.I. for one year, in default.

(2.) On 8th of May 2003, the prosecutrix lodged a complaint, alleging therein that about two months ago, when she was alone in the house with her father, he made her sleep with him in the night and committed rape with her, after removing her clothes as well as his own clothes. When she started weeping on account of pain, her father (the appellant) gave 2-3 slaps to her. After that day also, she was raped 3-4 times. She did not disclose this incident to anyone since she was afraid that if came to the knowledge of her father, he would give beatings to her. On the date of lodging of the FIR, her aunt Salomi came to her residence and the incident was narrated by her to the aunt, who took her to the police and the incident was then reported.

(3.) The prosecutrix came in the witness box as PW-1 and stated that she used to live with her father and step-mother in a jhuggi in Gautam Puri. Her step- mother Raj Kumari left them and went away to her Village. She further stated that when she was sleeping, her father took her to sleep with him and thereafter committed rape with her after removing her clothes as well as his own clothes. He also threatened her and said that she would be given beating if the incident was disclosed by her to anyone. According to the prosecutrix, thereafter, she was subjected to rape by her father 3-4 times. She narrated the incident to her aunt Sharda and the police then came to the school of her aunt.