DEVANAND Vs. STATE NATIONAL CAPITAL TERRITORY OF DELHI

JUDGEMENT

(1.) This is an appeal filed by Devanand (hereinafter described as the appellant) directed against the judgment and order of sentence passed by learned Additional Sessions Judge, New Delhi dated 31st January, 2000. The learned trial court held the appellant guilty of the offence punishable under Section 376 Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years and a fine of Rs.1000/-. In default of payment of fine he was to undergo further rigorous imprisonment for two months.

(2.) The facts of the prosecution case are that Sushila, prosecutrix is stated to be only 13 years of age at the relevant time. She made a complaint against the appellant that she had been raped by the appellant by threatening her that if she discloses this fact to any person her parents would be killed. The appellant was a tenant in the house where Sushila lived with her parents. The complaint had been made after the appellant vacated the premises.

(3.) This led the process of law into motion. On basis of statement of Sushila formal first information report was recorded by sub inspector Krishan Kumar. Sushila had been sent to the hospital for medical examination. Thereafter the appellant had been arrested. Even the appellant was medically examined. The statement of the prosecutrix. The statement of the prosecutrix too was recorded under Section 164. The school leaving certificate of the prosecutrix was obtained. On these broad facts the report under Section 173 Code of Criminal Procedure as against the appellant had been submitted.