PURAN SINGH Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This appeal is preferred against the impugned judgment dated17th August, 2007 and the consequent order on sentence dated 21stAugust, 2007 whereby the appellant Puran Singh has been convictedfor the offence punishable under Section 376 and 363 IPC andsentenced him accordingly.

(2.) Appellant Puran Singh was employed at a Water Pump near Khajuri Khas. Prosecutrix (name withheld) was acquainted with him.On 03.04.2005, appellant Puran Singh induced the prosecutrix to accompany him to Bareilly. Wazid, a young boy of 09 years andnephew of prosecutrix was also present at that time and the prosecutrix as well as Wazid agreed to go to Bareilly with the appellant.However, Wazid could not adjust at Bareilly, so the appellant sent him back to Delhi by making him board a bus from Bareilly to Delhi. Onreaching Delhi, Wazid informed Mustaqueem, father of the prosecutrix about the incident.

(3.) Complaint Mustaqueem then approached P.S. Khajuri Khas andlodged a complaint which was registered as FIR No.138/05 underSection 363 IPC P.S. Khajuri Khas. On 07.04.2005, prosecutrix wasspotted at Railway Station Shahdara. She was taken in the protectivecustody and sent to the hospital for medical examination. On medicalexamination at GTB Hospital, her hymen was found ruptured (oldhealed) and there were no marks of injury on her person. Her MLC isEx.PA. Statement of the prosecutrix under Section 164 Cr.P.C. was gotrecorded wherein she stated that she was in love with the appellantand the appellant took her to Bareilly by inducement andmisrepresentation. There she stayed with two sisters of the appellantfor one night each and on such one night, they indulged in physicalrelationship as husband and wife. Said statement is Ex.PW1/A.