DAYA SHANKAR Vs. STATE OF DELHI

JUDGEMENT

(1.) This appeal is directed against the impugned judgment dated 01.08.2008 and consequent order on sentence dated 02.08.2008 in Sessions Case No. 31/06 FIR No. 903/05 under Section 376(2) (f) IPC P.S. Nand Nagri whereby the Appellant has been convicted by the learned Additional Sessions Judge for the offence of rape of minor child under Section 376(2)(f) of IPC and sentenced to undergo RI for the period of 12 years and also to pay a fine of 10,000/-, in default to undergo SI for a further period of five months.

(2.) Briefly stated, allegations against the Appellant are that on 04.12.2005 at around 6:30 pm in the park, Kachchi Pur, Nand Nagri, Delhi, he committed rape of the prosecutrix "P" (name withheld) aged three years. On 04.12.2005 at about 7:45 pm, an information about apprehending of a thief at B-2/239, Nand Nagri, Delhi was received at P.S. Nand Nagri which was recorded as DD No. 25A in the daily diary maintained at the Police Station and copy of DD report was entrusted to ASI Rakesh Kumar Tyagi, who immediately left for the spot along with Constable Naim Chand. There, he found that the prosecutrix "P", daughter of the complainant Manbhavti had been raped by a neighbour, namely, the Appellant Daya Shankar and he had already been taken to GTB Hospital. Since it was a case of rape, information was conveyed to the Police Station and the SHO directed SI Banita Tyagi to investigate the matter.

(3.) SI Banita Tyagi thus reached GTB Hospital. She obtained the MLC of the prosecutrix, who was unable to speak clearly. Mother of the prosecutrix Smt. Manbhavti was also present in the Hospital, so SI Banita Tyagi recorded her statement.