SUNIL Vs. STATE GOVT OF NCT

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment dated 07th August, 2008 in Sessions Case No. 107/06, FIR No. 150/05, P.S. Model Town and the consequent order on sentence dated 23 rd August, 2008 whereby the Additional Sessions Judge has convicted the appellant for the offence of rape punishable under Section 376 IPC and sentenced him to undergo RI for the period of 10 years and also to pay a fine of ` 5000/-, in default to undergo SI for a period of four months.

(2.) BRIEFLY stated, case of the prosecution is that the appellant, who is the father of the prosecutrix, committed rape on her on 09th March, 2005 during night time at his Jhuggi located at Kaushal Pura, Phatak No. 4, Bada Bagh, Model Town, Delhi.

(3.) DURING investigation, Investigating Officer prepared the site plan, recorded statements of the witnesses, got conducted medical examination of the prosecutrix and arrested the accused. Accused was also got medically examined in Hindu Rao Hospital. Prosecutrix was subjected to Bone X-Ray to fix her age and her statement under Section 164 Cr.P.C. was also recorded. The exhibits seized during investigation were sent to FSL for analysis and reports were collected. On completion of investigation, the appellant was charge sheeted and sent for trial.