ISHWAR Vs. STATE

JUDGEMENT

(1.) The instant appeal is being filed while assailing the judgment dated 08.07.2009 whereby, the appellant has been held guilty and convicted for the offence under Section 376 Indian Penal Code, 1860.

(2.) Vide order on sentence dated 11.07.2009, he was sentenced to undergo RI for 10 years and to pay a fine of Rs. 7,000/-.

(3.) The facts in brief of the case are that on 03.11.2008 on receipt of PCR Call, vide DD No. 19A, W/ASI Rakesh Kumari reached Surya Temple, Kabir Nagar, Street No.5, Shahdra, Delhi, where H.C. Karan Singh and Ct. Anil Kumar were already present. Smt. Sarita gave her statement to W/ASI Rakesh Kumari regarding commission of rape upon her daughter Bhagyashri (name changed), aged about 8 years by the appellant, who was working as a priest in Surya Temple, Kabir Nagar, Shahdra, Delhi on 02.11.2008 in Surya Temple in between 07:00-07:30PM, when she had gone to take Prasad over there. Prosecutrix (Bhagyashri) was sent to G.T.B. Hospital for her medical examination. From the statement of Smt.Sarita & MLC of prosecutrix, case under Section 376 Indian Penal Code, 1860 was registered against the appellant.