NANNU GUPTA @ BABLU Vs. STATE

JUDGEMENT

(1.) This is an appeal against the Judgment dated 5th August, 2008 and Order on Sentence dated 6th August, 2008, whereby the appellant was convicted under Section 452, 506 Part-II, 324 and 376/511 of IPC and was awarded the following sentences (i) RI for 2 years and fine of Rs. 1,000/- and in default of payment of fine, RI for one month under Section 324 IPC; (ii) RI for three years and fine of Rs. 1,000/- and in default of payment of fine, RI for one month under Section 452 of IPC; (iii) RI for three years and fine of Rs. 1,000/- and in default of payment of fine, RI for one month under Section 506 Part-II IPC; (iv) RI for five years and fine of Rs. 2,000/- and in default of payment of fine, RI for two months under Section 376/511 IPC.

(2.) On 13th March, 2007, on receipt of copy of DD No. 19-A, SI Ram Kumar of Police Station Sarai Rohilla went to House No. 211, Gali No. 5, Padam Nagar, Delhi where he came to know that the complainant/prosecutrix had been taken to hospital. On reaching the hospital, he met the prosecutrix and recorded her statement. It was alleged by the prosecutrix that on 13th March, 2007, at about 11.30 am, she was watching T.V. in her room and was alone at that time. The appellant, who was her neighbour, entered her room, bolted the door from inside, threatened to kill her with a knife which he was carrying with him and made her forcibly lie down on the bed. The appellant then sat on her chest, as a result of which her shirt-suit got torn. The appellant gave tooth bites at both her cheeks and also gave to knife blows on her neck. When the prosecutrix resisted, the appellant gave a cut on a finger of her left hand, using his teeth for this purpose. Thereafter, the appellant stuffed a cloth in the mouth of the prosecutrix and tried to rape her. The prosecutrix pushed him, as a result of which, he fell down and after some time opened the door and ran away. After about 1 hour, the prosecutrix informed her husband on telephone, who reached home in about an hour and called the police, which brought her to Hindu Rao Hospital and got her medically examined.

(3.) The prosecutrix came in the witness box as PW-4 and supported the case set up in the FIR. She stated that on 13th March, 2007, at about 11.30 am, when she was watching T.V. in a room on the first floor of their house, the appellant Nannu Gupta @ Bablu, who was residing in the adjacent room, came inside and bolted the door. She thought that he might have come to pay rent. Showing a knife to her, the appellant insisted on her lying on the bed. When she declined, he threatened to kill her. When she acted in the protest, the appellant forcibly made her lie on the bed and sat on her chest. Her shirt got torn in this process. The appellant then gave knife blows on her neck and tooth bites on both her cheeks. He put a piece of cloth on her mouth and tried to commit rape on her. The appellant also bitten three fingers of her left hand. When she pushed the appellant to save herself, he ran out of the room. She, thereafter, went to a public booth and informed her husband, who reached there after about an hour. She narrated the incident to her husband, who then called the police. She was taken to hospital, where her statement was recorded. She further stated that one vegetable cutting knife belonging to the appellant, and one woolen sweater having semen stain of the appellant alongwith her partly torn salwar shirt and a bed sheet were seized by the police. It is also stated that after two-three days, she was produced before a Magistrate where she gave statement Ex.PW-4/G.