MANOJ Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) THE appellant- Manoj impugns judgment dated 08.02.2006 and order on sentence dated 14.02.2006 of learned Additional Sessions Judge in Sessions Case No.21/2005 arising out of FIR No.743/2004 PS Sangam Vihar by which he was convicted for committing offence punishable under Section 376 IPC and sentenced to undergo RI for ten years with fine Rs. 2,000.00 and in default of payment of fine to further undergo RI for three months.

(2.) ALLEGATIONS against the appellant were that on 12.10.2004 at about 06.00 or 07.00 P.M. in his jhuggi near Jain Mandir, Suraj Kund road he committed rape upon prosecutrix 'X' (assumed name) aged about 9 years. During investigation, the prosecutrix was medically examined. The accused was arrested. The exhibits were sent to Forensic Science Laboratory. The statements of the witnesses conversant with the facts were recorded. After completion of the investigation, a charge-sheet was submitted against the accused for committing offence punishable under Section 376 IPC. The accused was duly charged and brought to trial. The prosecution examined twelve witnesses. In his 313 Cr.P.C. statement, the accused pleaded false implication. On appreciating the evidence and considering the rival contentions of the parties, the Trial Court, by the impugned judgment, held the appellant responsible for the crime. Being aggrieved, the appellant has preferred the appeal.

(3.) I have considered the submissions of the parties and have examined the record. Present case was registered on the statement of 'X' (Ex.PW-4/A) on 15.10.2004. In her statement, 'X' revealed that on 12.10.2004 at about 06.00 or 07.00 P.M. she was spreading a cot outside her jhuggi to study. The accused Manoj took her inside his jhuggi and committed rape upon her. She went to her jhuggi after the rape and narrated the occurrence to her mother- Kailash Devi. Efforts were made to find out the whereabouts of the accused but he absconded. Statement of the prosecutrix was recorded under Section 164 Cr.P.C. on 18.10.2004. PW-11 (Sh.Sudesh Kumar, MM) put several questions to the child witness to ascertain if she was capable to give rational answer to the questions put to her. After recording satisfaction that 'X' was competent to answer the questions, her statement (Ex.PW-11/A) was recorded. In her statement, she reiterated the version given to the police at the first instance and named the accused for committing rape upon her. She appeared in the Court as PW-4. After satisfying that 'X' was a competent witness and was able to give rationale answers, her statement was recorded. In her statement, she deposed that the accused was his uncle (chacha) and lived in the adjacent jhuggi. On the day of occurrence when she was sitting outside her jhuggi, the accused took her to his room, removed her underwear and committed rape upon her. She started bleeding from her private parts. The accused ran away after leaving her there. She came to her home and narrated the occurrence to her mother. The accused was not traceable thereafter. Her statement (Ex.PW-4/A) was recorded by the police. In the cross-examination, she denied that there was any dispute between her father and the accused over any immovable property in the village. She stated that they were on visiting terms with each other. The accused was a married person but his wife did not live with him. One elder brother and one younger brother used to live in the room. She however, clarified that none of the brothers was present in the room at the time of incident.