RAJENDER Vs. STATE OF NCT DELHI

JUDGEMENT

(1.) The appellant has filed the present appeal impugning a judgment dated 14.02.2017, whereby he was convicted for committing offences punishable under Sections 376 and 506 of the Indian Penal Code, 1860 (IPC). The appellant also impugns an order dated 18.02.2017, whereby he was sentenced to undergo rigorous imprisonment for a period of seven years with a fine of Rs.40,000/- for committing the offence punishable under Section 376 of the IPC and in default of payment of fine to undergo rigorous imprisonment for a further period of one year. The Court also directed that the fine, if realized, be paid to the prosecutrix. In addition, by the said order, the appellant was sentenced to undergo rigorous imprisonment for a period of one year for committing an offence punishable under Section 506 of the IPC. However, the court also directed that both the sentences would run concurrently.

(2.) The appellant was prosecuted pursuant to registration of FIR No. 0016/2016 under Sections 323/376/506 of the IPC registered with Police Station Jafarpur Kalan. The said FIR was registered on 18.01.2016 at the instance of a woman aged twenty-one years (hereafter referred to as 'the prosecutrix'). She had alleged that on the said date, that is, 18.01.2016, at about 09:30 a.m., she had left her home for proceeding to her workplace. Her house was near Kair Village. She stated that on the way, she had to use a lonely path through the fields. While she was walking on the said path, one boy (later identified as the appellant) whom she did not know but had seen him following her on two-three previous occasions, pushed her from behind. He gagged her mouth with his hand and dragged her into the fields and forcibly raped her. She stated that she wept and pleaded with him but he did not show any mercy and forcibly established physical relationships with her. She also alleged that thereafter he threatened her that if she narrated the incident to anyone, he would kill her. She stated that she could recognize him if he was produced. Her statement was recorded on 18.01.2016.

(3.) Thereafter, the prosecutrix was taken to RTRM hospital for her medical examination. She was medically examined and the concerned doctor took possession of her undergarments and other samples.