RANJIT KUMAR Vs. STATE

JUDGEMENT

(1.) This is an application for suspension of sentence and for grant of bail during the pendency of the appeal. The appellant has been convicted vide judgment dated 06.04.2010 and the order on sentence dated 08.04.2010, for an offence under Section 376 and 506 IPC. He has been directed to undergo RI of 7 years and 3 years respectively, for the aforesaid two offences apart from a fine of Rs.5,000/-.

(2.) I have heard Mr. K. K. Sud, the learned senior counsel for the appellant and the learned APP on the question of suspension of sentence and for enlargement of the appellant on bail during the pendency of the appeal. I have also gone through the record.

(3.) The case of the prosecution is that the Sister Sophia/PW- 2 of NGO Chaitanalaya had brought the prosecutrix/Sumanti (PW-1) aged about 13-14 years to police station Mangol Puri, New Delhi where she is alleged to have made a statement marked as exhibit PW1/A on the basis of which an FIR under Section 376/506 IPC had been registered. In the said statement she has alleged that she was a resident of District Ranchi, Jharkhand and she was brought to Delhi by one Smt. Mukta, wife of the appellant, almost a month back and she was staying in house no. 161, Swayam Singh Colony, Punjabi Bagh, New Delhi, the residence of the appellant. On the night of the 3 rd 4 th October, 2005, the appellant is alleged to have done GALAT KAAM (Referring to sexual intercourse) with Sumanti/prosecutrix/PW-1 despite her objection. It is alleged by her that when she disclosed this fact to Mukta, wife of the appellant, the latter beat her and warned her that her life would be in danger in case she discloses this fact to any other person. It is alleged by her that for two days, the appellant continued with GALAT KAAM and after having sexual intercourse, the appellant asked her to take bath. But on the date of incident she has not taken bath. It is further stated by her that when the appellant and his wife Mukta had slept, the prosecutrix managed to escape and came to the main road where she met with a girl whose name and address she did not know. The girl brought her to the office of an NGO Chaitanalaya , where she met Sister Ms. Filominna and Ms. Hillaria who sent her with Sister Ms. Sophia to the police station whereupon the present FIR was lodged and she was sent for medical examination. After investigation in the matter the State filed the charge-sheet against the appellant.