PREM DASS Vs. STATE OF DELHI

JUDGEMENT

(1.) THIS is an appeal under Section 374 (2) Cr.P.C. read with Section 482 Cr.P.C. assailing the impugned judgment and order of conviction dated 21.10.2010 and 27.10.2010 respectively, passed by the ld. trial Court whereby the appellant was convicted under Section 376 IPC and was sentenced to undergo rigorous imprisonment for 7 years and fined Rs. 2000/. The case of the prosecution in brief was that on 23.07.2007, the prosecutrix came to police station Narela, and complained that in the month of May 2004 she used to visit the Shiv temple near her house regularly and on one day when she was in the temple, she felt unwell and asked the priest of a temple to give her a glass of water. To this, the priest told her to fetch it herself and when she reached the room located in the temple, the priest came in the room, bolted the door and caught her from behind and thereafter raped her. She stated in her statement that the priest threatened her not to disclose this fact to anyone, otherwise she would be defamed and nobody would believe her as he was the priest of the temple. She stated that he further told her to submit to him whenever he would call her and in this manner he continued to rape her for about two years as she was scared to disclose this fact to her family. She further stated that when her parents stopped her from going outside, the priest used to stop her on the way to school and force himself upon her and this all made her to disclose these facts to her parents. Thereafter her medical examination was conducted at SHRC Hospital and after obtaining the opinion on her MLC, the ASI of the concerned police station recorded her detailed statement.

(2.) AN FIR No. 415/07 was registered and the statements of witnesses were recorded and medical examination of the accused was conducted. Thereafter the prosecutrix underwent the ossification test, as per which her age was opined as 16 years. After the completion of investigation, charge sheet was filed under Section 376 and 506 IPC in the trial Court. After examination of 14 witnesses, the trial Court found the appellant guilty under Section 376 IPC.

(3.) PER contra, the learned APP for the State submitted that the prosecution has nailed the guilt of the accused/appellant to the satisfaction of the trial Court and there is enough evidence and testimonies of the witnesses on record to substantiate the charge leveled against the appellant. It was further submitted by the learned APP that minor discrepancies in the statement of the prosecutrix who had otherwise given a cogent and reliable testimony, cannot be made the basis for interference in the order of conviction passed by the trial Court.