TULA RAM Vs. STATE

JUDGEMENT

(1.) The present appeal has been preferred by the appellant Tula Ram challenging the judgment dated 06.03.2007 whereby he was convicted for the offence punishable under Section 376 IPC and also the order on sentence dated 07.03.2007 sentencing him to undergo RI for ten years with fine of Rs.5000/- and in default of payment of fine, to undergo RI for six months.

(2.) Briefly stating, the case of the prosecution is that on 01.09.2005 at about 01:25 hours (midnight), DD No.4/A was recorded at PS Mandawali on the information by Wireless Operator E-59 received from Rukhsar through telephone No. 27650126, ID Hospital, Kingsway Camp regarding rape committed on her daughter by her (Rukhsar's) husband at her house i.e. House No.123, Gali No.3, Railway Colony, Mandawali. The said DD was entrusted to ASI Vijender Singh who alongwith Ct. Suresh reached the spot. He met the child victim 'S' (name of the child victim withheld to conceal her identity), her mother Rukhsar and Uncle. ASI Vijender recorded the statement Ex.PW10/B of child victim 'S'.

(3.) The Statement Ex.PW10/B made by the child victim 'S' is to the effect that on the night intervening 31.08.2005/01.09.2005 while she alongwith her younger sister Shalu was sleeping on the roof of their house with their Uncle Chhutku, her two other younger sisters Shabu and Kajal were sleeping in the room downstairs and her mother had gone to the hospital with her another younger sister Sapna. In the midnight, her father came up to the roof and told her that her mother has returned from hospital and she was calling her downstairs. She came downstairs with her father and as soon as they entered the room, her father bolted the room from inside and threatened her not to raise any alarm otherwise he would give her beating. Then her father made her to lie on the floor near the bed and raped her. Thereafter her father went out and she also came out of the room and started crying. On hearing her cries, her Uncle Jagbir, who was living in the adjoining room, came out and she narrated the incident to him. Her Uncle Jagbir informed her mother on telephone and also made her to talk to her mother on phone. She narrated the incident to her mother.