VISHNU KUMAR Vs. STATE (DELHI ADMINISTRATION)

JUDGEMENT

(1.) Award of minimum sentence of seven years with fine, for the offence of rape and of three years with fine, for the offence of kidnapping of the prosecutrix (PW-1) aged about fourteen and a half years in February, 2001, is assailed by the appellant/accused in this appeal. Both these substantive sentences were not ordered by trial court to run concurrently, but while entertaining this appeal, it stands clarified vide order of 31st July, 2006 of this Court that these two substantive sentences have to run concurrently.

(2.) As the prosecution version goes, on 10th February, 2001, a report was lodged by the father (PW-2) of the prosecutrix (PW-1), regarding missing of his daughter Durgesh @ Pooja (PW-1) since 9th February, 2001, and on this report, FIR No. 73/2001 under Section 363 of the IPC was registered at Police Station Rohini, Delhi. The investigation of this FIR, led to the recovery of the prosecutrix (PW-1) and the apprehension of the appellant/accused from his native place. They were got medically examined and the statement of the prosecutrix (PW-1) under Section 164 of the Cr.P.C. was recorded. Charge-sheet under Section 376 and 363 of the IPC was placed before the Court concerned and the appellant/accused had claimed trial for these offences. Recording of evidence began with the deposition of the prosecutrix (PW-1), followed by the evidence of her father (PW-2). PW-4 - Mother of the prosecutrix (PW-1) had also deposed in this case. The medical evidence was also led to prove the MLCs of the prosecutrix (PW-1) and the accused herein. Official witness was also examined by the Trial Court to prove the birth certificate Ex.PW.10/A of the prosecutrix (PW-1). ASI Dharampal (PW-13) had investigated this case.

(3.) The plea taken by the appellant/accused before the trial Court was of prosecutrix (PW-1) being a consenting party, as she was in love with him. According to the appellant/accused, father of the prosecutrix (PW-1) was opposed to the marriage of the appellant/accused with the prosecutrix (PW-1). However, no evidence was led by the appellant/accused in his defence before the trial Court.