NITISH KUMAR @ PINKU @ BABLU Vs. STATE

JUDGEMENT

(1.) APPELLANT has been convicted under Section 376 of the Indian Penal Code (IPC) by the learned Additional Sessions Judge, New Delhi; sentenced to face rigorous imprisonment for a period of seven years and pay fine of Rs. 5,000/ -; in default of payment of fine to further undergo rigorous imprisonment for a period of three months.

(2.) BRIEFLY stated, prosecution case is that on the night intervening 22nd and 23rd September, 2004 Sub Inspector Ram abu Singh was on patrolling duty along with Constable Ram Kishore and when he reached near Patel Chowk at about 2:30 AM he found prosecutrix; a minor girl, along with appellant, in suspicious circumstances; On making enquiry she disclosed that appellant had raped her. Even, prior thereto she was raped by the appellant and his other friends. Prosecutrix could not give details of other boys, thus, they could not be apprehended.

(3.) MEDICAL examination of the appellant was conducted at R.M.L. Hospital, wherein it was found that he was capable of performing sexual intercourse. Blood and semen samples of appellant were taken by the doctor.