FEROZ Vs. STATE GOVT OF NCT OF DELHI

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment of learned Additional Sessions Judge dated 04.10.2007 in Sessions Case No.93/2006 FIR No.743/05 P.S. Patel Nagar under Sections 376/342/506/34 IPC as also consequent order on sentence dated 10.10.2007 whereby the appellant Feroz, for the offence under Section 376 IPC, has been sentenced to undergo RI for the period of 07 years, besides fine of '20,000/-, in default to undergo SI for further period of two years and for the offence under Section 342 IPC to undergo RI for the period of one year as also for the offence under Section 506 IPC to undergo RI for the period of one year. It is ordered that the substantive sentences shall run concurrently.

(2.) BRIEFLY stated, case of the prosecution is that on 20.12.2005 at about 3:00 pm when the prosecutrix was coming to home after attending her stitching classes, she met accused Sonu, resident of WZ 68, Shadi Pur, Ranjeet Nagar. Sonu took her to her house and made her sit there and left on the pretext of fetching medicine. While going out of the house, Sonu bolted the door from outside. Appellant Feroz was already present in the rear room. He came to the room where the prosecutrix was sitting and closed her mouth. Thereafter, he forcibly committed rape on the prosecutrix. On hearing the alarm of the prosecutrix, her uncle Net Ram reached at the place of occurrence and rescued her. The matter was reported to the police. The police recorded the statement of the prosecutrix Ex.PW2/A, which formed basis for registration of the case. During investigation, prosecutrix as well as the appellant were got medically examined. Clothes of the prosecutrix were seized and subsequently sent to FSL for chemical examination. Statement of the prosecutrix under Section 164 Cr.P.C. was also recorded. Her bone ossification test was done for verification of age. Her school leaving certificate was also seized. On completion of investigation, the appellant as well as his co-accused Sonu were challaned and sent for trial.

(3.) PROSECUTRIX was examined as PW1. She, in her evidence, has supported the case of prosecution by stating that on 20.12.2005 at about 3.00 p.m., while she was returning from stitching classes, she met Ms.Sonu, co-accused of the appellant, who took her to her house and made her sit there. After some time, she left the house on the pretext of fetching medicine and while leaving, she bolted the door from outside. Two minutes later, the appellant Feroz came from the rear room and tried to molest her. She screamed but Feroz committed rape on her after removing her clothes. She further stated that her 'chacha' (uncle) came there on hearing the alarm and rescued her. But, by that time the accused had already raped her. She stated that matter was reported to the police. Police recorded her statement Ex.PW1/A and also sent her for medical examination.