RAGHU NATH Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This is an appeal against the judgment and Order on Sentence dated 24.8.2005, whereby the appellant was convicted under Section 506 and 376 of IPC and was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 5,000/- or to undergo Simple Imprisonment for six months in default under Section 376 of IPC and was further sentenced to undergo Simple Imprisonment for two years under Section 506 of IPC. Both sentences were to run concurrently.

(2.) On 13.8.2004, the prosecutrix, accompanied by her parents came to Police Station Nangloi and lodged an FIR alleging therein that the appellant, who was related to her and who had been called by her parents to perform puja (Hawan) in the night intervening 25/26th April, 2004, advised her parents that unmarried girl should perform puja in darkness or at cremation ground or at bank of river Yamuna. At about 2:30 a.m., he sent her parents out of the house. She was left alone with the appellant, who first got his head massaged from her and then raped her and threatened that in case she disclosed the matter to her parents, he, using the super natural power possessed by him, would kill them even before they came inside. Being scared, she did not disclose the incident to her parents. In this manner, he raped her at her residence a number of times. She did not disclose the incident to her parents, but, when, she came to know that her cousin had also been raped by the appellant on the pretext of performing puja and was in jail, she narrated the incidents to her parents who brought her to the Police Station.

(3.) The prosecution examined fourteen witnesses in support of his case. The prosecutrix came in the witness box as PW-1 and stated that the appellant who was related to her, came to their house in the night of 25.4.2004 at about 11:00 p.m. and told her father that he would perform Hawan, as a result of which the business of her father would flourish. Her father agreed to the proposal of the appellant who then started Hawan and completed it in about two hours. In the night, the appellant told her parents that he wanted to teach Mantras to her in private and, therefore, they would have to go out of the room. Her parents then went outside the room. The appellant laid her on the bed and after removing her clothes as well as his own clothes tried to do wrongfully acts with her. When she tried to raise alarm, the appellant put a knife at her neck, as a result of which, she could not raise alarm. She further stated that the accused had then penetrated for about half an hour. He also threatened to kill her parents with the help of Ginn (a super natural power), which was under his control, in case the incident was disclosed by her to anyone. She did not inform her parents in this regard. After 4-5 days, the appellant again came to their house, sent her parents outside on the pretext of teaching Mantras to her and again raped her. She was thus raped 5-6 times. She did not disclose the incident to her parents being afraid of him. According to her, she told her mother after she had been raped 5-6 times and one month thereafter, her parents lodged report with the Police.