SUNIL KUMAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) APPELLANT has been convicted under Section 376 IPC by the Trial Court; sentenced to undergo rigorous imprisonment for a period of ten years and to pay fine of ` 10,000/-; in default of payment of fine to undergo simple imprisonment for a period of six months. Benefit of Section 428 Cr.P.C. has also been given to the appellant.

(2.) IT is this judgment, which is under challenge in this Appeal.

(3.) DURING the investigation, site plan (Ex. PW13/B) was prepared on the pointing of PW1 Sheetal. Appellant was arrested. He was medically examined in BJRMH. Doctor opined that there was nothing to suggest that the appellant was incapable of performing sexual intercourse. Blood stained undergarment of appellant was sealed by the doctor and handed over to the Investigating Officer. His blood sample on a piece of cotton was also taken. However, semen sample of appellant could not be taken due to his non-cooperation and noting to this effect has been made by the doctor in the MLC. On the pointing of appellant, blood stained mattress was also seized. Vaginal swab, underwear and pant of the prosecutrix, one towel having brown stains as also blood sample and underwear of the appellant were sent to Forensic Science Laboratory (FSL) and its report was obtained. As per this report, human blood of ,,B Group was found on the underwear of the prosecutrix. It was also found on the towel and quilt. Semen was also detected on the underwear and pant of the prosecutrix.