MOHD. KALLU Vs. STATE

JUDGEMENT

(1.) This Appeal is directed against a judgment dated 25.09.2009 and an order on sentence dated 29.09.2009 passed by the learned Additional Sessions Judge("ASJ") in Sessions Case No.351/2007 FIR No.186/2007 P.S. Jahangir Puri whereby the Appellant was held guilty for the offences punishable under Sections 376, 342 and 506 IPC. He was sentenced to undergo RI for 10 years and to pay a fine of Rs. 7,000/- or in default to undergo SI for five months for the offence punishable under Section 376 IPC; he was sentenced to undergo RI for six months for the offence punishable under Section 342 IPC; he was further sentenced to undergo RI for two years and to pay a fine of Rs. 3,000/- or in default to undergo SI for two months for the offence punishable under Section 506 IPC.

(2.) In nutshell, the case of the prosecution is that on 10.03.2007 a call was made to the PCR(No.100) and a DD No.21B was recorded at P.S. Jahangir Puri, ASI Vinod Kumar reached Jhuggi Shah Alam Bandh. He came to know that a girl aged about 11 years had been raped by his neighbour. W/ASI Renu Bala was summoned to the spot for further investigation. W/ASI Renu Bala reached the spot. She reached the spot and recorded statement of the prosecutrix. The prosecutrix R(name withheld to conceal her identity) disclosed to the ASI that on 07.03.2007 at about 3-4 pm, she was playing outside her house; Kallu(the Appellant) called her and asked her to get food for him from the house of his sister. When the prosecutrix went inside his jhuggi, the Appellant caught hold of her and took her to a nearby vacant jhuggi. When she tried to raise an alarm, the Appellant threatened to kill her. The Appellant pushed her on the ground, removed her salwar and his pant and committed rape on her. The prosecutrix further informed the IO that her mother Rashida also reached there. The Appellant threatened her(the prosecutrix) and her mother not to disclose the incident to anyone or to the police, otherwise they will be killed. The Appellant escaped from the spot. The prosecutrix was brought back to her house by her mother (PW1).

(3.) According to the prosecution version, the matter was not reported to the police or to anybody else out of fear. The prosecutrix had continued to have pain in her stomach and bleeding in her private parts. Rashida(PW1) was initially reluctant to get her daughter medically examined. Thus, the prosecutrix and her mother Rashida were brought to the Police Station. Since the prosecutrix was of tender age, PW1 had to be convinced about the necessary medical examination. The prosecutrix who was accompanied by her mother PW1 was again taken to Babu Jagjivan Ram Memorial Hospital (BJRM Hospital) where she (the prosecutrix) was medically examined. The prosecutrix was found to be conscious and oriented. There was no external injury to be found. The hymen was found to be torn. As per report of the doctor, vagina admitted 1 finger.