STATE GNCT OF DELHI Vs. MUKESH

JUDGEMENT

(1.) The State had appealed against the judgment and order of the learned Additional Sessions Judge in SC 80/2008. By the said judgment, the respondent was convicted for the offences punishable under Sections 363 and 376/511 of IPC. The state contends that the sentence imposed was inadequate, and calls for its enhancement.

(2.) The facts, as found by the Trial Court, were that on 17.03.2008, the prosecutrix s father handed over the respondent (accused before the Trial Court), at about 3:45 PM. The police recorded the receipt of complaint, and the minor prosecutrix s statement, in her father s presence. She stated that when she was playing in the street, the respondent, a neighbour took her to his room, saying that he would show a movie. He then switched on a television, showing obscene pictures. When the prosecutrix said that the movie was obscene, the respondent said that it was good; he removed her underwear and laid her down. The prosecutrix also stated that the respondent lowered his pants, and tried to insert his urinating organ (penis) into her urinating place which resulted in her weeping, and raising a noise. He therefore, left the prosecutrix; she went out to the street, weeping. Her father, who was entering the street, inquired as to what was the matter, when she narrated all the events to him. Her father called out the respondent and caught hold of him, and later handed him over to the police.

(3.) The police, after recording the FIR and statements of some witnesses, also got the prosecutrix medically examined. The doctor who examined her did not depose during the trial. However, the Medico Legal Certificate (MLC) Ex. PW-11/A was proved by PW-11 another doctor. She said that the patient s history, recorded in the document revealed that: There is no history of bleeding per vagina, pain perineum or insertion of foreign body in vagina. On examination, general physical examination was found to be normal. Pelvic examination, the hymen was found to be intact. Vulval swab was prepared and both the swab and underwear of the patient was sealed and handed over to the Investigating Officer..