LAWS(DLH)-2012-7-531

DINESH Vs. STATE

Decided On July 24, 2012
DINESH Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Appellant has been convicted under Sections 376/366 of the Indian Penal Code, 1860 (for short "IPC"), by the Trial Court; sentenced to undergo rigorous imprisonment of 10 years with fine of Rs. 2000/- and in default of payment of fine to undergo simple imprisonment for 3 months for the offence punishable under Section 376 IPC; rigorous imprisonment of 5 years with fine of Rs. 2,000/- in default of payment of fine to undergo simple imprisonment of 3 months for the offence punishable under Section 366 IPC. Both the sentences have been directed to run concurrently. Benefit of Section 428 of the Code of Criminal Procedure, 1973 has also been accorded to the appellant. Aggrieved by his conviction as also the sentences handed down to him, appellant has preferred this appeal.

(2.) Prosecution story, as unfolded, is that the prosecutrix aged about six years was present in her mother's tea stall near National Dharam Kanta on 21st August, 2007. At about 8:30 pm prosecutrix told her mother that she wanted to go out to ease herself. Her mother instructed her not to go too far. Prosecutrix did not return for quite some time thus her mother got worried. She searched the prosecutrix here and there. One Lal Chand met her and she informed him that prosecutrix was missing and requested him to find her daughter. At about 11 pm Lal Chand saw the prosecutrix coming from the X-Block side. She was bleeding per vagina. On enquiry, prosecutrix informed that one person had taken her with him forcibly in a park near a factory and had raped her. She further informed that said person used to roam around their shop occasionally. Police was informed. Prosecutrix was taken to All India Institute of Medical Sciences (AIIMS) for her medical examination. Her vaginal swab, frock and panty were sealed and handed over to Investigating Officer and later sent to FSL and its report was obtained.

(3.) On 29th September, 2007 one Jagdev informed that the person, who had taken the prosecutrix with him on 21st August, 2007, was present near Kalyan. Thereafter, on the pointing of Jagdev appellant was apprehended by SI Kiran Sood (Investigating Officer). Prosecutrix identified the appellant as the same person who had taken away her with him on 21st August, 2007 and had committed rape upon her. Appellant was examined in AIIMS and doctor opined that there was nothing to suggest that he was incapable of performing sexual intercourse. Blood of the appellant in a gauze was collected, sealed and handed over to the Investigating Officer.