VINOD Vs. STATE

JUDGEMENT

(1.) The appellant has filed the present appeal impugning the judgment dated 03.11.2016 passed by the Learned ASJ, Rohini Courts, New Delhi, whereby the appellant was convicted for the offences under Sections 376-D/342 of the IPC. The appellant further impugns the order on sentence dated 09.11.2016, whereby he was sentenced to ten years of rigorous imprisonment for committing the offence under Section 376-D of the IPC and one year of rigorous imprisonment for committing the offence under Section 342 of the IPC.

(2.) The appellant contends that the Trial Court had failed to appreciate that there was no medical evidence to support the testimony of the prosecutrix (hereafter referred to as 'the victim'). Further, there were no independent witnesses to substantiate the case of the prosecution. It is contended that the Trial Court had erred in relying on the statement of the victim and convicting the appellant as there were material contradictions in her statements

(3.) The case of the prosecution is that on 14.06.2013, at around 10:00 in the morning, the victim had gone to the shop of Kabari to sell empty bottles and three-four boys had waylaid her and taken her to an empty room. They had pressed her breasts and inserted their finger in her vagina. They had let her go, when she raised an alarm. The victim narrated the incident to her mother at about 1:00 pm on the date of the incident, when she came back home for lunch. After coming to know of the alleged incident, she took the victim to the room where the incident had taken place. The three boys were found there in front of the shop of the kabari and she detained them in a room and bolted the door. Thereafter, public persons gathered and beat up the said boys and the boys managed to escape while they were being beaten. The mother of the victim called the police at 100 number.