RAM BABU Vs. STATE

JUDGEMENT

(1.) The appellant- Ram Babu challenges judgment dated 18.08.2001 in Sessions Case No.115/1999 arising out of FIR No. 155/1999, PS Model Town by which he was held guilty for committing offences under Sections 376/506 IPC and sentenced to undergo RI for eight years with fine Rs. 5,000/- under Section 376 IPC. He was further sentenced to undergo RI for six months under Section 506 IPC. Both the sentences were to operate concurrently.

(2.) Allegations against the appellant were that on the night intervening 22/23.03.1999 at about 03.00 A.M. at jhuggi No.431, School Wali Gali, Derawal Nagar, he committed rape upon prosecutrix 'X' (assumed name) and criminally intimidated her. The prosecution examined ten witnesses to substantiate the charges. In his 313 Cr.P.C. statement, the appellant pleaded false implication. On appreciating the evidence and considering the rival contentions of the parties, the Trial Court, by the impugned judgment, convicted and sentenced the appellant. Being aggrieved, he has preferred the present appeal.

(3.) Prosecution case is solely based upon the statement of the prosecutrix 'X'. She alleged that on the night of 22/23.03.1999, she was sleeping with her son Ajay, aged one year in her jhuggi. At about 03.00 A.M., the accused entered in her jhuggi, put his hand on her neck and threatened to kill if she raised alarm. Thereafter, he forcibly committed sexual intercourse with her without her consent and against her wishes, and fled the spot. When her husband returned, she narrated the entire incident to him. Thereafter, she and her husband went to the Police Station and lodged First Information Report (Ex.PW-6/A). She identified underwear (Ex.P1). PW-7 (Dinesh Singh), X's husband also corroborated his wife's version that the accused committed rape upon her.