SUMIT Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The appellant has filed the present appeal impugning a judgment dated 27.02.2016 passed by the Ld ASJ, Saket whereby the appellant was convicted of the offences under Sections 376(1) and Section 506-Part II of the Indian Penal Code, 1860 (IPC). The appellant also impugns an order dated 05.03.2016, whereby he was sentenced to undergo seven years of rigorous imprisonment with a fine of Rs. 2,000/- and in default of payment of fine, to undergo simple imprisonment for a period of one month for the offence punishable under Section 376(1) of the IPC. He was further sentenced to undergo rigorous imprisonment for a period of one year for the offence punishable under Section 506-Part II of the IPC. Both sentences would run concurrently.

(2.) The impugned judgment was rendered in connection with a case arising from FIR No. 583/2013 under Sections 376/506 of the IPC, registered with PS Ambedkar Nagar. The said FIR was registered with PS Ambedkar Nagar on 03.12.2103. The name of the complainant at whose instance the said FIR was registered is withheld and she is hereafter to as 'the prosecutrix'.

(3.) It is the case of the prosecution that the prosecutrix was living with her husband and children at a jhuggi at Shaheed Camp, Dakshin Puri. She would also intermittently reside with her mother as she was anemic and not keeping good health. On 01.12.2013, she had gone to her mother's house. It is alleged that on 03.12.2013, her husband went to his workplace and told her that he had got her medicine, which was lying at their home. It is alleged that when she came to her house to take the medicine, her neighbour (the appellant herein) was standing outside. He caught hold of her by her hand and pulled her inside. He pressed her neck and pushed her and made her lie down on the bed forcibly and raped her. Thereafter, he threatened to kill her children if she reported the said incident.