AJAY ALIAS LOVELY Vs. STATE

JUDGEMENT

(1.) This appeal has been preferred against judgment dated 4th May, 2010 whereby the appellant was convicted under Section 376 IPC and the order on sentence dated 7th May, 2010 whereby the appellant was sentenced to RI for seven years and a fine of '15,000/-.

(2.) In brief, the prosecution's case is that the prosecutrix and her family members used to live in the tenanted premises in Dasram Niwas, Kallu Mohalla, Garhi, New Delhi. On 5th July, 2005, prosecutrix along with her younger sister had gone to the school in Sant Nagar for admission of her younger sister in 5th Standard. When she came out from the school with her younger sister between 11.30 a.m. and 12.00 noon, the accused, son of the landlord, was found standing outside the school in a Maruti car. He asked the prosecutrix to accompany him as he would get her a job. The prosecutrix and her younger sister sat in the car. The younger sister was asked to get down near the house and the accused took prosecutrix in the car to Swarupa Mohalla near Chaupal on the pretext of introducing her to the house owner for getting a job. There she was taken to a lonely room and was raped by the accused. After rape, the prosecutrix was left and was told to go back home and not to report about the incident to anyone. The mother of the prosecutrix was not at home since she was away to Kanpur because of death of her mother [grand-mother (nani) of the prosecutrix]. The father of the prosecutrix was lying ill at home. The mother returned back from Kanpur on 10th July, 2005. The prosecutrix did not tell anybody about the rape till her mother came back. When her mother came back on 10th July, 2005, she told this incident to her mother. The first thing the family did was to leave the tenanted house on 11th July, 2005 itself. However, the father of the prosecutrix became serious and was admitted to hospital on 12th July, 2005. The incident was not reported to the police until 6th August, 2005. It was on 6th August, 2005 when the incident was reported to the police. On 9th August, 2005, the father of the prosecutrix expired in Safdarjung Hospital where he was lying admitted in a critical condition.

(3.) After lodging of report by the prosecutrix on 6th August, 2005, investigation was conducted into it and an NGO was also informed by Investigating Officer so that the prosecutrix may get help of an independent person.