ASHOK KUMAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) THIS Appeal is directed against the judgment of Trial Court, whereby Appellant has been convicted under Section 376 IPC; sentenced to undergo rigorous imprisonment for 7 years and pay fine of Rs.5,000/-; in default of payment of fine to undergo simple imprisonment for six months.

(2.) PROSECUTION case as unfolded is that the Appellant, neighbour of prosecutrix ,,X aged about 13 years, took her with him in his jhuggi after enticing her while she was playing outside her jhuggi on 7th July, 2007 at about 9.30 AM, thereafter, he bolted the door from inside. He forcibly tore her salwar. He also removed his pant. Thereafter, he raped her. Prosecutrix raised alarm at which her parents along with some persons of the locality arrived there. They found prosecutrix and the Appellant inside the jhuggi. Appellant was apprehended. Later on, he was handed over to the police officials.

(3.) APPELLANT was arrested. He was medically examined at Safdarjang Hospital on 7th July, 2007 itself. Doctor opined that there was nothing to suggest that the appellant was incapable of performing sexual intercourse. Baniyan and underwear of the APPELLANT were sealed by the doctor and handed over to the Investigating Officer. Age of the prosecutrix through radiological examination was got determined at Safadarjang Hospital on 23 rd July, 2007. After conducting radiological examination and going through x-ray reports of shoulder joint, wrist joint, elbow joint and pelvis with hip joint of the prosecutrix, doctor opined the age of prosecutrix between 14 to 16 years.