STATE Vs. PUNNU

JUDGEMENT

(1.) STATE has preferred this appeal against the judgment dated 16.03.2011 in FIR No. 11/2003, police station Delhi Cantt. by which the respondent -Punnu has been acquitted for offences under Section 120B/ 376(g)/ 344/ 506 of the Indian Penal Code 1860 (IPC) and under Section 5(1)(c) of the Immoral Traffic (Prevention) Act 1956. The case of the prosecution as set out in the charge -sheet is that the prosecutrix a minor was brought up by her father. After the death of her father, she was brought up by her grandmother. The respondent -Punnu and his wife Saroj (co -accused and who has already been convicted while judgment dated 24.02.2006), who are the real chacha and chachi, went to the village and brought the prosecutrix to live with them in their jhuggi at Bapu Dham. After about six months the respondent -Punnu raped her. When she informed the co -accused Saroj, the prosecutrix was scolded. Prosecutrix was used as a prostitute and the accused used to earn money.

(2.) ONE day she was made to dance naked after having liquor. After the Jhuggi were demolished, the two accused shifted to quarter No. 114, Dhaula Kuan The prosecutrix then started working as a domestic servant in the house of Dr. Shalini Monga. On 16.12.2002 the prosecutrix complained and informed Dr. Shalini Monga that she was harassed and tormented by the accused. Dr. Shalini Monga took the prosecutrix to the office of the Chairman, National Human rights Commission and made a written complaint. The complaint was marked to ASI Bal Kishan of Police Station Dhaula Kuan for investigation. Statement of the prosecutrix was recorded in the presence of Dr. Rajat Mitra, Director of an NGO and his wife Dr. Nidhi Mitra. The co -accused Saroj was arrested. Prosecutrix's medical examination was done and her statement was recorded under Section 164 Cr.P.C. The ossification examination revealed that the age of the prosecutrix on 15.01.2003 was between 14 -17 years.

(3.) AS noted above the prosecutrix appeared as PW -1 and her statement in chief was recorded on 16.08.2004. She was cross -examined on 11.10.2004 on behalf of co -accused Saroj. Statements of other witnesses were also recorded. By judgment dated 22.02.2006, co -accused Saroj was convicted and sentenced to life imprisonment for the offence under Section 109 read with Section 376(g) IPC and to pay a fine of Rs. 1000/ - and in default suffer rigorous imprisonment for two months.