AJAY KUMAR Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The appellant impugns a judgment dated 18.10.2018, whereby he was convicted for an offence punishable under Sections 376 and 506 of the Indian Penal Code, 1860 (IPC). He also impugns the order on sentence dated 27.10.2018, whereby he was sentenced (i) to ten years of rigorous imprisonment for committing an offence punishable under Section 376 of the IPC along with a fine of Rs. 20,000 and in default of payment of fine to undergo simple imprisonment for a further period of six months; and (ii) to four years of rigorous imprisonment for committing an offence under Section 506 of the IPC along with a fine of Rs. 10,000 and in default of payment of fine to undergo imprisonment for a further period of three months. Both sentences were directed to run concurrently.

(2.) The appellant was prosecuted pursuant to registration of FIR No. 168/15 under Sections 376/506 of the IPC, with PS Ranhola. The said FIR was registered on 09.03.2015 at the instance of a married woman aged about thirty years (hereafter referred to as 'the prosecutrix'). The prosecutrix alleged stated that the accused had forcibly established physical relations with her on several occasions between 17.02.2013 to 07.03.2015. She stated that on 17.02.2013, the accused while playing with her children had entered her house. At that time, she was taking a bath in the bathroom. She was under the impression that no one was present in the house, but when she came out from the bathroom, she found the accused (appellant) was present there. He had recorded a video of her taking a bath on his mobile phone. She stated that the accused forcibly established physical relation with her and threatened her that he would upload the video on the internet. She alleged that the accused also threatened to kill her children and her husband, if she disclosed this incident to anybody. She further alleged that on the occasion of 'Bhai Dooj', the accused along with his father and brothers had quarreled with her husband and thereafter her husband and reported the same to PS Ranhola. The accused also threatened her not to narrate the incidents to anyone, otherwise he would kill her children and husband and upload her obscene photographs on the net.

(3.) Further, she alleged that the accused would enter her house and forcibly establish physical relations with her and also make a video film of the same on the sly (chupke se). She alleged that the accused possessed a hand gun (tamancha) and used to scare her with the same. She alleged that on 07.03.2015, at about 07:00 pm when her husband was away to his village, the accused tried to establish physical relations with her, in the presence of her three children. However, she resisted and during a scuffle her suit was torn. On 08.03.2015, she was again abused by the accused. She stated that she telephoned her husband and informed him about the incident. According to the prosecutrix, he stated that keeping quiet would not serve any purpose (chup rehane se baat nahi banegi) and they should take help of the law.