HARENDER Vs. STATE GOVT OF NCT DELHI

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment dated 14.9.2007 and the consequent order on sentence dated 21.9.2007 passed by the learned Additional Sessions Judge in Sessions Case No.94/2007 FIR No.472/2003 P.S. Model Town whereby the appellant Harender Singh has been convicted for the offence punishable under Section 376 IPC for raping a minor girl and sentenced to undergo RI for the period of 10 years and also to pay a fine of Rs.2000/-, in default of payment of which to undergo SI for the period of two months.

(2.) BRIEFLY stated case of the prosecution is that on 28th August 2003 at about 2.21 p.m., lady Constable Praffulla of PCR conveyed information to police station Model Town that a 50 years old man has committed rape of a girl aged 5 years at House No.913/11, Lal Bagh, Model Town, Delhi. The information was recorded as DD No.14A (Ex.PW6/C) in the daily diary maintained at P.S. Model Town. Copy of the DD report was referred to ASI Virender Singh through Constable Balbir for necessary action and the SHO was also informed about call.

(3.) BOTH the prosecutrix as well as the appellant were sent for medical examination to Hindu Rao Hospital. As per the MLC of the child victim, she reached Hindu Rao Hospital on 28th August 2003 at 3.30 p.m. with the alleged history of sexual intercourse by a male adult person. Child victim was conscious and oriented and on gynaecological examination, fresh torn hymen was seen. Vaginal smear was taken and handed over to Sub-Inspector Pushplata along with the under garments of the child victim.