JAMEEL Vs. STATE

JUDGEMENT

(1.) THE instant petition is being preferred against the judgment dated 04.02.2009, whereby the appellant has been held guilty and convicted for the offences punishable under Section 376 Indian Penal Code, 1860. Also challenged the order on sentence dated 09.02.2009 whereby, appellant was sentenced to undergo RI for a period of 10 years and to pay a fine of Rs.5,000/- and in default of the payment of fine further undergo RI for a period of 06 months.

(2.) THE facts of the case in brief are that on 13.11.2006 at about 8 pm, prosecutrix went to purchase goods from Market. When she reached near house of one Pappu, appellant met her there. He told that his father was calling her inside. Accordingly, Prosecutrix went along with appellant inside the house. At that juncture, appellant caught hold her and dragged her to a ditch inside his house. Appellant threatened her of instant death, in case prosecutrix would raise alarm. It is further alleged that appellant made her to fall on ground and committed rape against her will. Prosecutrix did not scream due to fear as the appellant threatened her of instant death of her brothers in case, she would divulge facts before anyone. On the following day, she narrated the facts before her mother, who informed her husband. By that time, the incident became public and it came within the knowledge of Pradhan of Mohalla. Scared of public sentiments, they lodged a report before police. Accordingly, FIR no.700/2006 were registered at Police Station ? Seelampur for the offences punishable under Section 376/506IPC.

(3.) STATEMENT of appellant / accused was also recorded under Section 313 Cr.P.C. to which he denied all the allegations levelled against him. He claimed himself to be innocent. He projects that he has been falsely framed in the case at the instance of Pradhan of the locality due to an old dispute. However, he did not lead any evidence in his defence.