SHYAMBIR Vs. STATE

JUDGEMENT

(1.) APPELLANT has been convicted under Sections 376/506 of the Indian Penal Code (for short referred to as IPC) by the learned Additional Sessions Judge, Delhi; sentenced to face rigorous imprisonment for eight years and pay fine of Rs.10,000.00 and in default of payment of fine to further undergo simple imprisonment for five months for the offence under Section 376 of the Indian Penal Code; sentenced to undergo simple imprisonment for six months and pay fine of Rs.2,000.00 and in default of payment of fine to undergo simple imprisonment for one month for having committed offence under Section 506 of the Indian Penal Code.

(2.) BRIEFLY stated, facts of the case are that the appellant was neighbour of prosecutrix, aged about 8 years. On 17th January, 2006 at about 5:30 PM prosecutrix was playing in her house, while her mother was cooking food at the roof. Appellant came there and forcibly took the prosecutrix with him to a nearby jungle and removed the pyjama and underwear of the prosecutrix. When prosecutrix started weeping appellant gave beatings to her and gagged her mouth. Thereafter he put her on the ground and laid himself upon the prosecutrix and raped her. As a consequence of this act clothes of the prosecutrix became blood stained. Appellant also threatened the prosecutrix that in case she disclosed the incident to any one, he would kill her and her parents. Appellant left the prosecutrix near her house and went away. Prosecutrix narrated the incident to her mother Shyam Dulari, who in turn informed the police.

(3.) DOCTOR Namita medically examined the prosecutrix and noticed abrasions on her left thigh, left leg and right thigh; on separating the labia tear fourchette, minimal bleeding plus twigs at perineum were found present. History of rape, as told by the prosecutrix and her mother, was recorded in the MLC by the doctor. Undergarments, Vaginal swab and perineal swab were sealed by the doctor and were handed over to the Investigating Officer.