LUV KUSH Vs. STATE (NCT) OF DELHI

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment dated 20th September, 2007 in Sessions Case No. 155/2006, FIR No. 214/2006, under Section 376 IPC P.S. Anand Vihar and the consequent order on sentence dated 12th October, 2007 whereby the learned Additional Sessions Judge has convicted the Appellant on the charge under Section 376 IPC and sentenced him to undergo RI for the period of 10 years and also to pay fine of Rs. 500/ -and in the event of default of payment of fine, to undergo RI for further period of 02 months.

(2.) BRIEFLY stated, case of the prosecution is that the prosecutrix "P" (name withheld) aged 09 years was sleeping on the roof of her house on the night intervening 10th/11th April, 2006. Her brother, who was unwell, was also sleeping on the roof. At around 9.30 p.m., the Appellant Luv Kush is stated to have approached the prosecutrix. He removed her clothes and indulged in sex with her. When the prosecutrix started crying, he gagged her mouth with a piece of cloth so that she could not raise alarm. After raping the prosecutrix, the Appellant is stated to have fled away and the prosecutrix went downstairs and narrated the incident to her mother.

(3.) THE learned Additional Sessions Judge charged the Appellant for committing rape of the prosecutrix punishable under Section 376 IPC. Appellant pleaded not guilty to the charge and claimed to be tried.