AJAY PAL Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 30.01.2003 and order on sentence dated 15.2.2003 whereby the appellant was convicted u/s 376 (2) (f) IPC and sentenced to undergo RI for 10 years and a fine of Rs.10,000.00 in default thereof to further undergo RI for two months.

(2.) Briefly stated facts leading to this appeal are that on intervening night of 18/19 of February 1998 Smt. Shashi Bala along with her daughter Ginni, aged about 8 years, approached PP Vijay Vihar, P.S Mangol Puri where SI Rajesh Rathi, I.O in this case, recorded her statement. In her statement Shashi Bala told the Police that on 18.2.98 at about 9.00 pm when she was ironing clothes in her house her minor daughter Ginni, aged about 8 years went out of the house to play. When she did not return for quite sometime she sent her son Sunny to trace the girl. Sunny come back home at 9.30 pm and told his mother that Ginni was not visible in the neighbourhood. Thereupon, complainant Shashi Bala herself went out in search of Ginni. When she reached in front of premised No. C-10/66, Sector 5, Rohini, which is a plastic factory, she heard the cries of Ginni from the inside. She knocked at the door which was closed from inside. On her repeated knocking at the door the accused came out and started running but she raised alarm whereupon some people from the neighborhood came and caught hold of him. Ginni was present in the factory. On being asked Ginni told her that accused had committed rape upon her on the point of knife and under threat of death. Ginni was sent for medical examination which was conducted by Dr.Poonam Lal of DDU Hospital at about 1.05 am on 19.2.95. On medical examination scratch marks were noticed on her cheeks and nasal bridge. There was abrasion on the right forearm. On local examination there were bruises on labia majora. There was abrasions on inner margin of labia minora genetalia. Hymen was torn and it was a fresh tear. This was suggestive of recent rape. Doctor took into possession under garments of Ginni which she wore at the time of incident and she also prepared slides from inside of vagina with swab stick for forensic examination. SI Rajesh Rathi made his endorsement on the statement of Shashibala and got the case registered vide FIR No. 162/98 u/s 376/342/506 IPC. He went to the spot and prepared a site plan of the place of occurrence i.e factory premises No. C-10/66, Sector 5, Rohini, and also seized small knife for cutting vegetable and one bedding which was found in the room. The accused who was produced before Police by the complainant & some other public men was arrested. He was got medically examined and after completing investigations the challan was filed in the court.

(3.) On 16.3.99 a charge under section 376 IPC was framed against the accused. Accused pleaded not guilty to the same and claimed trial. To prove its case, prosecution examined eleven witnesses namely Dr. Poonam Lal, Senior Resident DDU Hospital, PW-1; H.C. Pawan Singh, PW-2; Sh. J.C. Vashisht, PW-3; H.C. Naresh Kumar, PW-4; Ct. Manoj Kumar, PW-5; Victim Ginni, PW-6; Ms. Shashi Bala, PW-7; Sh. Darshan Kumar, PW-8; H.Const. Satbir Singh, PW-9; Ct. Raj Kumar, PW-10; S.I Rajesh Rathi, PW-11. In his examination, the accused/appellant Ajay Pal u/s 313 Cr.P.C, denied his involvement in the case. Defence put up by the accused was that he was falsely implicated because he advanced a loan of Rs.20,000.00 to the complainant Shashi Bala who refused to repay the same on demand and also threatened to implicate him in some false case if he persisted in the demand. However, he led no evidence in his defence. After considering the material on record, learned Additional Sessions Judge accepted the testimony of Ginni and her mother Shashi Bala as truthful and accordingly convicted the appellant u/s 376 (2) (f) IPC and sentenced him to undergo RI for 10 years. Feeling aggrieved appellant has preferred this appeal.