RAM DEV Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment dated 11.9.2007 in Sessions Case No.308/2006 FIR No.226/2005 P.S. New Usman Pur whereby the appellant<APL> Ram Dev </APL>has been convicted for the offence punishable under Section 376 IPC and also against the consequent order on sentence dated 15.9.2007 whereby learned Additional Sessions Judge has sentenced the appellant to undergo R.I. for the period of 10 years and also to pay fine of Rs.2,000.00, in default of payment of fine to undergo R.I. for the period of six months.

(2.) BRIEFLY stated, case of the prosecution is that on the night of 13th July, 2005, PW4 Kamlesh gave telephonic information to the PCR that one tenant has raped his 6 years old daughter at Arvind Mohalla near Brahm Puri. This information was conveyed to police station New Usman Pur and was recorded as DD No.24A (Ex.PW6/A). Copy of the DD report was entrusted to ASI Kamal Singh for verification, who left for the spot of occurrence along with Constable Manbir. ASI Kamal Singh met the prosecutrix at the place of occurrence. He recorded her statement Ex.PW1/A and sent it to the police station for the registration of the case with his endorsement Ex.PW7/A. The prosecutrix, in her statement Ex.PW1/A claimed that on the fateful day, her parents had left for their work and she was alone in the house. At around 4.00 p.m., she went upstairs to collect the clothes which were left by her mother for drying. The appellant<APL> Ram Dev </APL>also followed her to the roof and started talking with her. He also caressed her on her abdomen and thigh. Thereafter, he made her lie down and removed her underwear. He also removed his shorts and inserted his penis in her vagina. Because of that, she felt pain and cried but the appellant did not leave her and raped her. Thereafter, the appellant left, saying that she should not tell anyone about the incident. The prosecutrix also stated that because of the rape, she suffered pain and started bleeding. She further stated that when her mother came, she narrated the incident to her mother as well as her sister.

(3.) DURING investigation, the appellant made a disclosure statement wherein he confessed his guilt and stated that after the rape he wiped his penis with his shorts which he had concealed under the clothes in his room. Pursuant to the said disclosure statement, the appellant got his shorts recovered, which were stained with blood. Aforesaid blood stained shorts of the appellant were seized vide memo Ex.PW7/D.