SAMEEM @ SAMEER Vs. STATE

JUDGEMENT

(1.) The appellant has filed the present appeal impugning a judgment dated 07.01.2017 whereby the appellant was convicted of the offences punishable under Sections 452 , 376 and 506(II) of the Indian Penal Code, 1860 ( IPC ). The appellant also impugns the order on sentence dated 16.01.2017 whereby he was sentenced to (i) serve rigorous imprisonment for a period of seven years with a fine of Rs. 5000/- and in default of payment of fine, to undergo simple imprisonment for a further period of thirty days, for the offence punishable under Section 376of the IPC; (ii) serve rigorous imprisonment for a period of six months with a fine of Rs. 1,000/- and in default of payment of fine, to undergo simple imprisonment for a further period of fifteen days, for committing the offence punishable under Section 452 of the IPC; and (ii) serve rigorous imprisonment for a period of six months for an offence punishable under Section 506(II) of the IPC. The Trial Court further directed that all sentences would run concurrently.

(2.) The appellant was prosecuted pursuant to the registration of the FIR bearing no. 402/12 with PS New Ashok Nagar. The said FIR was registered at the instance of a young woman aged about twenty-five years (hereafter referred to as the prosecutrix). She had alleged that on 28.11.2012, the accused (the appellant herein) had entered her house when she was alone and had raped her.

(3.) It is the prosecution's case that on 16.12.2012 at about 13:25 hours,telephonic information was received that at House No. A-475, NaaleWala Road, near Masjid Wali Pulia, New Ashok Road, one girl has been raped. The said information was entered as DD No. 20/A (Ex.PW4/A). The said DD No. 20/A was handed over to SI Rizwan who proceeded to the spot and upon reaching the house, came to know that prosecutrix along with her mother had already left for the PS. He came back to the police station where he met the prosecutrix and recorded her statement in the presence of her mother and a woman constable (WCt. Moni). After the statement of the prosecutrix was recorded, a rukka (Ex.PW15/A)was prepared. The same was produced before the concerned Duty Officer and the FIR in question was registered. The prosecutrix was taken to Lal Bahadur Shastri Hospital and was medically examined. On the next day, that is on 17.12.2012, the investigation of the case was marked to W/ASI Shobhagyawati (who deposed as PW13). She reached the house of the prosecutrix and met the prosecutrix as well as her mother and her brother. It is stated that she prepared a site plan at the instance of the prosecutrix and recorded the statements of the mother, brother and the sister of the prosecutrix. Thereafter, they proceeded to Shop No. D-57, New Ashok Nagar, where they found the accused (appellant) and he was arrested at the instance of the prosecutrix.